Baldini v. 1022403 Ontario Limited, 2012 HRTO 575

Human Rights Tribunal of Ontario

B E T W E E N:

Kimberly Baldini Applicant

-and-

Mirmil Architectural Millwork Division of 1022403 Ontario Limited, Ronald Mitchell and Travis Walker Respondents

A N D B E T W E E N:

Dianne McVety Applicant

-and-

1022403 Ontario Limited operating as Milwork, Milmil Products and Manoaka Developments and Ronald Mitchell Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: March 20, 2012 Citation: 2012 HRTO 575 Indexed as: Baldini v. 1022403 Ontario Limited

1These two Applications are filed by a mother and daughter, and involve overlapping factual situations and respondents. All parties have consented to consolidation in response to the direction from the Tribunal to file submissions on whether the Applications should be consolidated

2Rule 1.7(d) of the Tribunal’s Rules of Procedure states that the Tribunal may consolidate or hear Applications together. In 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, which set out the factors to 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.

3Given the parties consent to consolidation, as well as the common issues of fact and law between these files, the Tribunal orders these files be consolidated.

4I am not seized of this matter.