HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kristopher Montgomery
Applicant
-and-
Town of Bradford West Gwillimbury
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: October 18, 2013 Citation: 2013 HRTO 1764 Indexed as: Montgomery v. Bradford West Gwillimbury (Town)
1This matter is scheduled to be heard in Toronto on December 2, 3 and 4, 2013.
2On September 19, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) which directed the applicant to file a Form 11 Response to the RFOP by no later than September 25, 2013. The same day Tribunal sent the CAD to the applicant’s representative Mark Gernon by email and received an automatic email reply which simply stated “I am currently out of the office returning on September 30 2013”.
3The Tribunal then forwarded the CAD directly to the applicant. On October 2, 2013, the Tribunal received an email from the applicant in which he states that he contacted his representative and “he informs me this matter has been responded to; both to the other party and the hrto.” This email was copied to “Mark Labour Relations lawyer”.
4This assertion was incorrect since the Tribunal has had no contact with the representative since the issuance of the CAD. Counsel for the respondent also confirmed that it has not received any response to the RFOP.
5On October 4, 2013, the Tribunal issued Interim Decision 2013 HRTO 1677 (the “Interim Decision”), which directed the following at paragraph 12(a):
That the applicant and/or his representative within 7 days must provide the following information to the Tribunal with a copy to the respondent:
i. identify, the category or exemption, as described in the Tribunal’s Policy on Representation before the HRTO or by the Law Society of Upper Canada, within which the applicant’s representative comes that would permit him to act as a representative before the Tribunal; and
ii. explain why the applicant did not comply with the directions in the CAD.
6As of this date, neither the applicant nor his representative Mark Gernon has complied with this order.
Decision
7Rule A9 of the Tribunal’s Rules states in part:
A9.1 Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws.
A9.2 Individuals representing a party before a tribunal have duties to both the tribunal and the party they are representing. Representatives must provide contact information to the tribunal and be available to be contacted promptly. Representatives are responsible for conveying tribunal communications and directions to their client. Representatives should be familiar with tribunal rules and procedures, communicate the tribunal's expectations to their client, and provide timely responses to the other parties and the tribunal.
8Mr. Gernon is not a licensed lawyer or paralegal and neither Mr. Gernon nor the applicant has explained the exemption which would permit Mr. Gernon to represent the applicant in these proceedings. Further, I find that Mr. Gernon has repeatedly failed to comply with the Tribunal’s directions and orders as required under the Rules. In these circumstances I find that Mr. Gernon must be removed as the applicant’s representative.
Orders
9The Tribunal orders:
a. Mark Gernon is removed as representative for the applicant, and therefore the respondent must deliver any future correspondence directly to the applicant.
b. Within seven days of the date of this Interim Decision the applicant must
i. provide the Tribunal and the respondent with his current contact information; and
ii. confirm in writing that he is proceeding with this Application.
c. Until further direction from the Tribunal, the respondent does not have to deliver and file its hearing materials which were due on October 18, 2013.
10If the applicant fails to comply with the orders in this Interim Decision then the Application may be dismissed as abandoned.
11I am not seized.
Dated at Toronto, this 18^th^ day of October, 2013.
“Signed by”
Geneviève Debané
Vice-chair