Quinn v. Community Living Essex County, 2008 HRTO 193

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patrick Quinn

Applicant

-and-

Community Living Essex County,

Nancy Wallace Gero, Claire Market and Lori Hudson

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: October 27, 2008

Citation: 2008 HRTO 193

Indexed as: Quinn v. Community Living Essex County

Human Rights Tribunal of Ontario

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1This is an Application dated August 5, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On September 18, 2008, the respondents filed their Response to the Application, which included a request that the Application be deferred pending the outcome of a grievance arbitration that is scheduled to be heard on March 13, 2009. In the alternative, the respondents requested that the Tribunal exercise its discretion to give notice of this proceeding to the applicant’s union, the Canadian Union of Public Employees, Local 3137 (the “union”).

3By interim decision dated October 8, 2008, the Tribunal exercised its discretion to give notice to the union of the mediation scheduled for October 16, 2008 and to afford the union an opportunity to participate in the mediation: Quinn v. Community Living Essex County, 2008 HRTO 134. The mediation did proceed on October 16, 2008 with the union’s participation, but did not resolve this matter.

4In its previous interim decision, this Tribunal did not address the respondents’ request to defer this Application pending the scheduled grievance arbitration. As a result, the Tribunal requests submissions on this issue from the parties and from the union, if it so chooses, in accordance with the following schedule:

a. By no later than November 14, 2008, the respondents shall serve and file their written submissions in support of their request to defer, including any evidence and applicable caselaw;

b. By no later than November 28, 2008, the applicant and the union shall serve and file their written submissions in response to the request, including any evidence and applicable caselaw; and

c. By no later than December 5, 2008, the respondents shall serve and file any reply.

5Wherever possible, the parties are asked to file their materials with the Tribunal electronically. A copy of this decision will be delivered to the union.

6I am not seized of this matter.