HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Robabeh Pourasadi
Applicant
-and-
Bentley Leathers Inc.
Respondent
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Pourasadi v. Bentley Leathers Inc.
WRITTEN SUBMISSIONS
Bentley Leathers Inc., Respondent
Jodi Gallagher Healy, Counsel
1This Interim Decision addresses the respondent’s request to amend its Response.
2By Request for Order During Proceedings (“RFOP”) dated July 4, 2014, the respondent sought to amend its Response to address facts and legal principles relating to undue hardship and the principle of preventing re-litigation of facts and issues already determined in another proceeding. The respondent also sought to respond to the amended remedy requested by the applicant which was granted by the Tribunal in Interim Decision 2014 HRTO 502.
3The applicant consents to the respondent’s request to amend its Response.
4In light of the applicant’s consent and the relatively narrow scope of the amendments, the respondent’s request is granted.
Mediation-Adjudication
5The Tribunal directs the parties’ attention to Rule 15A of the Tribunal’s Rules of Procedure which provides:
15A.1 With the agreement of the parties, the Tribunal member hearing an Application may act as mediator. In such circumstances, the mediator may continue to hear the matter as adjudicator.
15A.2 Where the parties agree to mediation-adjudication, they must sign a mediation-adjudication agreement before the mediation commences.
6If the parties are interested in attempting to settle the case through mediation-adjudication before the Tribunal starts hearing their evidence on August 21, 2014, they should advise the Tribunal of such an interest either prior to or at the outset of the hearing.
Order
7The respondent’s request to amend its Response is granted. The Response is amended to include the information set out in Schedule B to the respondent’s July 4, 2014 RFOP.
Dated at Toronto, this 24th day of July, 2014.
“signed by”
Jo-Anne Pickel
Vice-chair