Human Rights Tribunal of Ontario
B E T W E E N:
Mercedes Keesic
Applicant
-and-
Sears Canada Inc.
Respondent
Curtis Kirkness
Applicant
-and-
Sears Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: Keesic v. Sears Canada Inc.
Introduction
1This is an Interim Decision in respect of two Applications filed on April 30, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services, goods and facilities because of race and ancestry. The purpose of this Interim Decision is to determine whether these Applications should be consolidated.
2Rule 1.7(d) of the Tribunal’s Rules of Procedure states that, in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may consolidate or hear applications together.
3In Persaud v. Toronto District School Board, 2008 HRTO 25 , the Tribunal adopted the decision of the Canadian Human Rights Tribunal in Lattey v. Canadian Pacific Railway, 2002 CanLII 45928 (CHRT), which set out the factors that should be considered in deciding whether to consolidate or hear proceedings together:
(a) The public interest in avoiding a multiplicity of proceedings, including considerations of expense, delay, the convenience of the witnesses, reducing the need for the repetition of evidence, and the risk of inconsistent results;
(b) The potential prejudice to the respondents that could result from a single hearing, including the lengthening of the hearing for each respondent as issues unique to the other respondent are dealt with, and the potential for confusion that may result from the introduction of evidence that may not relate to the allegations specifically involving one respondent or the other; and
(c) Whether there are common issues of fact or law.
4Except for the names of the applicants, these are identical Applications, involving the same allegations and same respondent. There is a compelling public interest in avoiding a multiplicity of proceedings and, accordingly, the Tribunal orders these Applications consolidated.
ORDER
5The Tribunal orders the following:
a) Applications 2012-11532-I and 2012-11437-I will be consolidated.
b) The Registrar will set a date and location for mediation in the usual course.
6I am not seized of this matter.
Dated at Toronto, this 8th day of November, 2012.
”signed by”
Judith Keene
Vice-chair