HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Idriss Ahmed Omar
Applicant
-and-
Le Corp Canadien des Commissionnaires Quartier-Général Régional Ottawa, Gilles Bellefeuille, Greg Thurlow, and Mike Gélinas
Respondents
INTERIM DECISION
Adjudicator: Caroline Rowan
Date: February 28, 2011
Citation: 2011 HRTO 424
Indexed as: Omar v. Corp Canadien des Commissionnaires Quartier-Général Régional Ottawa
1This is an Application filed under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2This application is scheduled for hearing on March 4, 2011, at which time the Tribunal will consider the preliminary issue raised by the responding parties concerning whether this Application has been settled.
3By correspondence dated February 22, 2011, counsel for the responding parties wrote to the Tribunal and requested that the applicant present his case first, explaining why the settlement and withdrawal documents the applicant signed should not be binding.
4Having considered the responding parties’ request and the fact that the preliminary issue has been raised by the responding parties, the Tribunal is not persuaded that it is appropriate to require the applicant to present his evidence first concerning why he claims no settlement was reached in this matter. As such, unless the parties agree otherwise, the responding parties should be prepared to lead their evidence first in support of their preliminary objection to the Tribunal entertaining this Application on its merits. Any outstanding procedural issues may be raised at the outset of the hearing on March 4, 2011.
Dated at Toronto, this 28th day of February, 2011.
”signed by”____________________
Caroline Rowan
Member