HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Stephanie Tarczy
Applicant
-and-
2301789 Ontario Inc. c/o as Michael’s Inn Fallsview Hotel and Ralph Terrio
Respondents
A N D B E T W E E N:
Bailee Buckmater
Applicant
-and-
2301789 Ontario Inc. c/o as Michael’s Inn Fallsview Hotel
Respondent
A N D B E T W E E N:
Scott Johnson
Applicant
-and-
2301789 Ontario Inc. c/o as Michael’s Inn Fallsview Hotel
Respondent
INTERIM DECISION
Adjudicator: Douglas Sanderson
Date: April 18, 2013
Citation: 2013 HRTO 636
Indexed as: Tarczy v. 2301789 Ontario Inc
WRITTEN SUBMISSIONS
Bailee Buckmater, Applicant
Self-represented
Stephanie Tarczy, Applicant
Self-represented
2301789 Ontario Inc. c/o as Michael’s Inn Fallsview Hotel and Ralph Terrio, Respondents
Laura Cassiani, Counsel
Consolidation of Applications 2012-12867-I and 2012-13120-I
1In a Case Assessment Direction dated March 26, 2013, the Tribunal directed the parties to Applications 2012-12867-I and 2012-13120-I to file submissions with respect to whether the Applications should be consolidated in light of the related factual situations regarding the applicants’ respective employment with the organizational respondent.
2On April 9, 2013, the respondents filed a letter in which they indicated that they did not oppose consolidation of these Applications. On April 10, 2013, Bailee Buckmater, the applicant in Application 2012-13102-I, filed submissions indicating that she also did not oppose consolidation of these two Applications. Stephanie Tarczy, the applicant in Application 2012-12867-I, did not file any submissions.
3Rule 1.7 d) provides 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.
4In this case, having regard to the material filed and submissions made, I am satisfied that there is a strong public interest in consolidating these Applications. The Tribunal shall therefore consolidate Applications 2012-12867-I and 2012-13120-I.
5As all parties have agreed to mediation, the Applications will be scheduled for mediation.
Application 2012-12819-I
6In their submissions, the respondents also requested that the Tribunal consolidate Application 2012-12819-I with Applications 2012-12867-I and 2012-13120-I. The respondents submitted that the allegations set out in Application 2012-12819-I substantially overlap with the facts and legal issues arising in the other two Applications.
7In my view, it is appropriate for the Tribunal to receive submissions from the parties regarding whether the Applications should be consolidated, including whether all three Applications should be mediated together. In that regard, I note that Application 2012-12819-I is scheduled for mediation on June 18, 2013 in St. Catharines.
8As was noted in the Case Assessment Direction of March 26, 2013, Rule 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. In Persaud v. Toronto District School Board, 2008 HRTO 25, the Tribunal 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.
Order:
9The Tribunal orders as follows
Applications 2012-12867-I and 2012-13120-I are consolidated; and,
Within two weeks of this Interim Decision, the applicants shall file with the Tribunal and deliver to the other parties submissions with respect to whether Application 2012-12819-I should be consolidated with Applications 2012-12867-I and 2012-13120-I. Also within two weeks of this Interim Decision, all parties shall file with the Tribunal and deliver to the other parties submissions regarding whether all three Applications should be mediated together.
10I am not seized of this matter.
Dated at Toronto, this 18th day of April, 2013.
”signed by”
Douglas Sanderson
Vice-chair