Alan Bernard v. London Transit Commission, 2013 HRTO 116

Human Rights Tribunal of Ontario

Between:

Alan Bernard Applicant

-and-

London Transit Commission, Andy Hynes and John Ford Respondents

Interim Decision

Adjudicator: Ena Chadha Date: January 23, 2013 Citation: 2013 HRTO 116 Indexed as: Bernard v. London Transit Commission

Written Submissions

Alan Bernard, Applicant Kevin A. Egan, Counsel

London Transit Commission, Andy Hynes and John Ford, Respondents Frank A. Angeletti, Counsel

1This Application was filed May 21, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2The Application was deferred on September 7, 2010 by Decision 2010 HRTO 1829, pending the conclusion of another related proceedings.

3On December 21, 2012, the applicant filed a request to reactivate the Application on the basis that the other proceedings are now concluded.

4On January 14, 2013, the respondents filed a response to the applicant's request indicating that they agree to reactivation provided that they are given a reasonable amount of time to file their Response.

5In light of the conclusion of the other proceedings and respondents' consent to reactivate, the Tribunal determines that it is appropriate to reactivate this Application.

6In accordance with Rule 8 of the Tribunal's Rules of Procedure, the respondents are required to file their Response (Form 2) no later than 35 days from the date of this Interim Decision. The respondents are directed to state in their Response if they are willing to participate in mediation.

7The applicant is required to deliver to the respondents and file with the Tribunal a Reply (Form 3) no later than 14 days after the Response was sent to the applicant.

8I am not seized.