Garth M. Kidd

The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of a related WSIB proceeding.

The WSIB Appeal Resolution Officer had rendered a decision, which the applicant was appealing to the WSIAT.

The Tribunal denied the request to reactivate, finding that proceeding with the application while the WSIAT appeal was pending would amount to an inappropriate collateral attack and risk inconsistent findings of fact.

The application remains deferred.

The respondent requested that the Tribunal defer consideration of the human rights application pending the result of a proceeding at the Workplace Safety and Insurance Board (WSIB).

The applicant opposed the deferral, arguing the issues were significantly different.

The Tribunal found that while the issues were not identical, there was significant overlap regarding the nature of the applicant's disabilities and whether the employer met its duty to accommodate.

The Tribunal deferred the application until the WSIB proceeding is complete.