HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brenda Chatterson

Applicant

-and-

M&M Meat Shops Ltd.

Respondent

INTERIM DECISION

Adjudicator: Jennifer Khurana
Date: October 27, 2016 Citation: 2016 HRTO 1395 Indexed as: Chatterson v. M&M Meat Shops Ltd.

INTRODUCTION

1This Application alleges discrimination with respect to employment because of creed contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2This Interim Decision determines the respondent's Request for an Order During Proceedings ("Request") seeking a Tribunal order holding the Application in abeyance pending mediation of concurrent civil proceedings.

3In its Response to the Application, the respondent indicates that the applicant, her spouse and their numbered company brought a claim against the respondent in the Superior Court of Justice in 2012 (the "Action"). The Action makes a claim for damages for breach of contract, negligence, bad faith, lack of disclosure and misrepresentation.

4The parties consented to mediate this Application and the Tribunal scheduled mediation for October 11, 2016. On October 7, 2016, the respondent requested that the Tribunal adjourn the mediation. It indicated that the parties agreed to defer mediation of the Application until the conclusion of their mediation in respect of the Action. The respondent attached copies of the email correspondence confirming the parties' agreement to mediate the Application as part of the mediation of the Action.

5The applicant opposed the adjournment. As a result, the respondent withdrew its consent to participate and the Tribunal's mediation was cancelled.

6In its Request, the respondent indicates that the mediation of the Action is tentatively scheduled for October 25 or 26, 2016, and that the parties could resolve all issues between them, including the Application. The respondent further requests that if the parties do not resolve all issues between them at mediation in respect of the Action, the Tribunal schedule another mediation in respect of the Application prior to scheduling the hearing.

7The applicant opposes the Request on the grounds that the Tribunal would likely not schedule another proceeding for at least 30 days and that this would provide the parties ample opportunity to mediate the Action. At the time of the filing of her response to the Request on October 17, 2016, the mediation dates for the Action had not yet been confirmed.

DECISION

8The Request is granted. The Application will be held in abeyance for 30 days from the date of this Interim Decision, following which it will be scheduled for hearing. The Tribunal generally offers parties one opportunity for mediation. The mediation scheduled for October 11, 2016 was cancelled following the respondent's withdrawal of its consent to participate.

9At the end of the 30 days, if the mediation in respect of the Action has not resolved the issues raised in this Application, the parties may indicate whether they consent to the Application being deferred pending that process. In the alternative, the respondent may renew its Request.

ORDER

10The Tribunal orders:

a. The Request is granted and the Application will be held in abeyance for 30 days from the date of this Interim Decision;

b. At the end of 30 days, the Application will be scheduled for a hearing.

11I am not seized.