Mitchell v. Rexdale Community Hub, 2016 HRTO 1183

Human Rights Tribunal of Ontario

B E T W E E N:

Richard Mitchell

Applicant

-and-

Rexdale Community Hub

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: September 8, 2016

Citation: 2016 HRTO 1183

Indexed as: Mitchell v. Rexdale Community Hub

WRITTEN SUBMISSIONS

Rexdale Community Hub, Respondent

Maria Constantine, Counsel

1This Application alleges discrimination with respect to goods, services and facilities, and membership in a vocational association because of race and colour contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application is rather disjointed, and several sentences are not complete. While they were not marked off as specific grounds, the applicant also made allegations on Forms 1 and 1C (Goods, Services and Facilities) and Form 1 and 1E (Membership in a Vocational Association) under the grounds of creed, sex (gender), association, and reprisal. The applicant alleges that the Friends for Life Outreach Ministry, of which he is the president, applied to use space at the respondent for a free training program, open to all, but geared towards black, male youths. He asserts that the respondent denied this request because it was religious. He seeks $50,000 as a monetary remedy and unspecified future compliance remedies.

2The respondent filed a Response denying the allegations against it.

3The file is scheduled for hearing on January 11 and 12, 2017.

4The respondent filed a Request for an Order During Proceedings ("RFOP") requesting that that the applicant provide a number of particulars, specifically referencing paragraphs of the Application and Tribunal forms, as well as some documentation in support of the particulars. It also requests the opportunity to file an amended Response following receipt of the particulars.

5The applicant has not filed a Response to the RFOP and the time for doing so has elapsed.

Analysis

6The respondent's request is granted.

7The information that the respondent requests that the applicant provide is relevant to the allegations in the Application. For example, the respondent seeks information about the Friends for Life Outreach Ministry, its fundamental tenets and origins, to take a position on whether or not it is a "creed" within the meaning of the Code. The respondent seeks information about how the applicant asserts he and the Friends for Life Outreach Ministry were treated differently from other religious organizations by the respondent with respect to allegations of discrimination. The respondent seeks information about the workshops he intended to hold as a "method of fundraising" to assess the damages the applicant seeks. It also requests that the applicant specify the remedy for future compliance he is seeking from the respondent as a way of knowing the case it has to meet.

8Accordingly, the Tribunal directs the applicant to provide the information that the respondent requests in paragraphs 1 to 6 of the respondent's RFOP by September 30, 2016. Furthermore, by September 30, 2016, the applicant is directed to provide documentation that the respondent requested in the RFOP, given that the date by which the arguably relevant documentation was to be exchanged between the parties has already passed. The applicant is required to file both the information and the documentation with the Tribunal by September 30, 2016.

9The respondent shall have 30 days from the receipt of such information to deliver to the applicant and file with the Tribunal an amended Response, with the amendments underlined. The applicant shall have 10 days from receipt of the amended Response to deliver to the respondent and file with the file any Reply responsive only to the amendments in the Response.

Order

10The Tribunal orders that:

a. The applicant deliver to the respondent by September 30, 2016, the information requested in the respondent's RFOP at paragraphs 1 to 6 and file it with the Tribunal;

b. The applicant deliver to the respondent by September 30, 2016, any documentation requested in the respondent's RFOP and file it with the Tribunal;

c. The respondent shall deliver to the applicant and file with the Tribunal any amended Response, with the amendments underlined, within 30 days of receiving the applicant's materials in paras. a and b above; and

d. The applicant shall deliver to the respondent and file with the Tribunal a Reply, responsive only to the amendments in the amended Response, within 10 days of receiving the respondent's amended Response.

11I am not seized with this matter.