Miller v. Bernard, 2011 HRTO 913

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome Miller

Applicant

-and-

Alan Bernard

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: May 11, 2011

Citation: 2011 HRTO 913

Indexed as: Miller v. Bernard

1In a previous Interim Decision, (2010 HRTO 1488, the Tribunal deferred this Application, which was filed on June 29, 2009, pending the conclusion of criminal proceedings. On April 18, 2011, the applicant filed a Request for an Order to proceed under Rule 14.3, copied to the respondent, on the basis that the criminal trial was over and the accused had been convicted. The applicant filed a Probation Order dated February 18, 2011.

2The respondent has made no submissions, and the time for doing so has passed.

3In the circumstances, the request to proceed is appropriate and is granted.

4Both parties have indicated that they are willing to undertake mediation in respect of the Application. Unless a party indicates within seven days of the date of this Interim Decision that he no longer wishes to take advantage of mediation, the Registrar will schedule a date for mediation.

5I am not seized of this matter.