Social Justice Tribunals Ontario

Tribunaux de justice sociale Ontario

Providing fair and accessible dispute resolution

Pour une justice accessible et quitable

Human Rights Tribunal of Ontario

655 Bay Street, 14th Floor
Toronto ON M7A 2A3
Tel: 416 326-1312 or 1-866-598-0322
Fax: 416-326-2199 or 1-866-355-6099

Tribunal des droits de la personne de lOntario

655, rue Bay, 14e tage
Toronto ON M7A 2A3
Tl.: 416-326-1312ou 1-866-598-0322
Tlc.: 416-326-2199 ou 1-866-355-6099

NOTICE OF HEARING
HRTO FILE: 2016-24039-I
November 25, 2016
By mail & email
Jesse Larabee
360 Albinson St., Apt. 2
Sudbury, Ontario P3C 3W5
Email:survivorsofgrouphomes@hotmail.ca
Luke Saites
Malach Fidler Sugar Luxenberg LLP
30 Wertheim Court, Suite 6
Richmond Hill, Ontario L4B 1B9
Email:lsaites@malach-fidler.com

Re: Jesse Larabee v. St Clares Multifaith Housing Society

A hearing before the Human Rights Tribunal of Ontario has been
scheduled on March 10, 2017 at 655 Bay St., 14th Floor, Toronto,
ON starting at 09:30am, E.T. The purpose of this hearing is to
determine the above Application, filed under the Human Rights Code,
R.S.O. 1990, c. H.19.
Case management and preliminary issues will be dealt with by the
adjudicator assigned to hear the Application on its merits.

Child and Family Services Review Board

Custody Review Board
Human Rights Tribunal of Ontario
Landlord and Tenant Board Ontario
Special Education (English) Tribunal Ontario
Special Education (French) Tribunal Ontario
Social Benefits Tribunal

Commission de rvision des services lenfance et la famille

Commission de rvision des placements sous garde
Tribunal des droits de la personne de lOntario
Commission de la location immobilire
Tribunal de lenfance en difficult de lOntario (anglais)
Tribunal de lenfance en difficult de lOntario (franais)
Tribunal de laide sociale

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IMPORTANT INFORMATON
Please read this entire notice right away. It explains what you must
do before the hearing. It also explains what you must do within the
next 14 days if you need to reschedule the hearing.
For more information or explanations of legal terms, see the HRTOs Rules of
Procedure and the Guide to Preparing for a Hearing Before the HRTO,
available on the HRTOs website (www.sjto.gov.on.ca/hrto/) or from the
Registrars Office.
DISCLOSURE OF DOCUMENTS AND WITNESS STATEMENTS
Before the hearing, you must share documents and witness statements so
that no one is taken by surprise at the hearing. There are two sets of
deadlines that are set out below.
If an applicant does not disclose and file the required materials, the
application may be dismissed. If a respondent does not file them, they may
not be allowed to present evidence at the hearing.
STEP ONE: Disclosure of Arguably Relevant Documents (Rule 16.1)
By December 16, 2016, you must send the other parties a copy of all
documents you have in your possession that may be relevant to the issues
raised in the case, except documents that are privileged. You must send
the HRTO a completed Statement of Delivery (Form 23) confirming that you
sent the documents to the other parties. Do not send the documents to the
HRTO at this time.
If the disclosure date has passed and you believe the other party has not
disclosed documents that may be relevant, you should write to the other
party to ask for the documents.
A party that does not believe that a requested document should be disclosed
may refuse. Then, the party that wants the document disclosed can file a
Request for Order During Proceedings (Form 10) asking the HRTO to order
disclosure and the other party can respond. The HRTO will make a decision
on whether the documents need to be disclosed. If you need to ask for a
disclosure order, you should do so as soon as possible so there is time for the
HRTO to make a decision well before the hearing.

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STEP TWO: Disclosure and Filing of Witness Statements and Documents to

be relied upon (Rules 16.2, 16.3, 17.1 and 17.2)
By January 24, 2017, each party must prepare:
1.

a list of the documents you intend to rely on at the hearing. These are
the documents that you have chosen to put before the tribunal from
among the documents disclosed at step one by both parties.

2.

copies of each of these documents for the HRTO.

3.

a witness statement setting out the intended evidence of each witness.

The witness statements should be detailed and set out in full the testimony
that the witness will give. A witness statement must be filed for each
witness, including an applicant or individual respondent. If the witnesss
evidence is fully set out in the application or response, the witness statement
can simply confirm this.
You must deliver the witness statements and the list of the documents you
intend to rely on to the other parties. Then file all three, including the
documents you will rely on, and a completed Statement of Delivery (Form
23) with the HRTO by the deadline date.
RESCHEDULING AND ADJOURNMENTS
If you cannot attend the hearing on the date(s) scheduled, you must act
within 14 days of the date of this Notice to arrange for rescheduling. After
that, a hearing will be adjourned or rescheduled only in exceptional
circumstances, even if both parties agree to an adjournment. Retaining a
new representative who is not available or prepared to proceed on the
scheduled date is normally not considered an exceptional circumstance.
If you need to reschedule, contact the other parties immediately and try to
agree on dates that are within 12 weeks of the original hearing date(s). One
of the parties, copied to the others, can send the agreed to dates to the
HRTO Registrar. The HRTO will make every effort to schedule the hearing for
the dates provided by the parties.
If you cannot agree on new dates within two weeks of this notice, the party
asking for the rescheduling must contact the HRTO Registrar in writing,
copied to all other parties or their representative, and provide five available
dates (or blocks of dates if the hearing is scheduled for multiple days) that
are within 12 weeks of the originally scheduled hearing date(s).

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The HRTO will contact the other parties and try to obtain mutually agreeable
dates. If the other parties do not respond or are unable to agree on dates,
the HRTO will set the date(s) for the hearing without agreement. Please
remember to provide copies to the other parties of anything you send to the
HRTO Registrar.
Requests for rescheduling and adjournment will be dealt with in accordance
with the Practice Direction on Scheduling located on the HRTOs website at
www.sjto.gov.on.ca/hrto/rules-and-practice-directions/.
CONTACT INFORMATION
The HRTO will send information to the address you have provided to us. If
your contact information changes, you must immediately advise the HRTO
and the other parties. We may send you directions before the hearing that
require you to take action, so be sure to check your e-mail and mail
regularly. If an applicant fails to respond, the Application may be dismissed.
If a respondent fails to respond, they may lose the ability to present a
defence.
FAILURE TO ATTEND THE HEARING
If you do not attend the hearing after receiving proper notice, the HRTO may
proceed in your absence (if you are a respondent or intervener) or dismiss
the Application as abandoned (if you are the applicant).
FILING DOCUMENTS WITH THE HRTO
All written communications must be addressed to the Registrar. Any
documents, including emails, must be copied to the other parties before
being filed with the HRTO. The HRTO will not accept any materials unless you
confirm that they have been copied to the other parties. (Rules 1.12 and
1.20).
Our computer system requires that documents filed with the HRTO as email
attachments must be less than 10 Mb in any one email. Rule 1.17(c).
You must file a paper and an electronic copy or a second unbound,
preferably not tabbed, paper copy of any bound documents.
SETTLEMENT BY PARTIES
The HRTO encourages parties to have settlement discussions between
themselves. These discussions and any related correspondence are
confidential between the parties and should not be shared with the HRTO.
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If the parties have reached an agreement before the hearing, the hearing will
not be cancelled until a complete and signed Settlement (Form 25) is filed
with the HRTO. Minutes of Settlement should not be filed with the HRTO.
ACCOMMODATION
You, your representative and your witnesses are entitled to accommodation
of any Human Rights Code-related needs. The SJTO/HRTOs Accessibility and
Accommodation Policy is available at www.sjto.gov.on.ca/en/accessibilityand-diversity/. Notify the Registrar as soon as possible if accommodation is
required.
FRAGRANCE POLICY
As fragrances cause health problems for some individuals, the HRTO asks
people attending in-person hearings and mediations and coming to its offices
not to use scented products such as perfumes, after-shave, creams or haircare products.
RULES, GUIDES, POLICIES AND PRACTICE DIRECTIONS
Please review the HRTOs Rules of Procedure, Guides, Policies and Practice
Directions available at www.sjto.gov.on.ca/hrto/, by email
hrto.registrar@ontario.ca, by phone (tollfree at 1-866-598-0322 or in
Toronto at 416-326-1312 or TTY toll-free at 1-866-607-1240 or TTY Toronto
416-326-2027) or in person at 655 Bay St, 14th Floor, Toronto, Ontario.
These documents are available in a variety of accessible formats.

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