Lynche v. OMNI Health Care Limited Partnership, 2012 HRTO 591

Human Rights Tribunal of Ontario

B E T W E E N:

Myla Lynche

Applicant

-and-

OMNI Health Care Limited Partnership, operating as Riverview Manor

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson
Date: March 21, 2012
Citation: 2012 HRTO 591
Indexed as: Lynche v. OMNI Health Care Limited Partnership

1This Application was filed on June 28, 2011, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), and alleges discrimination on the basis of disability and reprisal in employment. The Application named "Riverview Manor/OMNI Health Care", SEIU Local 1 Canada (the "union"), and six individuals as respondents.

2On August 8, 2011, the Tribunal issued a Notice of Application and a Case Assessment Direction directing that a summary hearing be held to determine whether the Application should be dismissed as against the union and the six individual respondents. The Notice of Application directed the organizational respondent to file a Response to the Application within 35 days.

3On November 22, 2011, the Tribunal issued a Notice of Summary Hearing to the parties, scheduling a summary hearing by conference call on February 16, 2012.

4On February 15, 2012, the Tribunal received correspondence from the applicant, copied to the other parties, indicating that the applicant consented to the removal of the union and the individual respondents from the Application. The applicant suggested that the scheduled summary hearing need not proceed. On the same date, the Tribunal received correspondence from the organizational respondent and four of the six individual respondents, in response to the applicant's correspondence, indicating that they had no objection to the position taken by the applicant. The respondents indicated that it appeared that the summary hearing would be cancelled. By letter dated February 15, 2012, the Tribunal confirmed that the summary hearing scheduled for February 16, 2012 was cancelled.

5To date, the Tribunal has not heard from the remaining named respondents. In the circumstances, the Tribunal orders that the individual and union respondents be removed as parties to the Application, and the style of cause is amended accordingly. The style of cause is also amended to reflect the name of the organizational respondent provided in its Response to the Application.

6As both the applicant and the remaining respondent have indicated an interest in mediation, the Tribunal will proceed to schedule a mediation date in this matter.

7I am not seized.