Buritica v. Campus Living Centres Inc., 2008 HRTO 200

Human Rights Tribunal of Ontario

B E T W E E N:

Aliria Buritica Applicant

-and-

Campus Living Centres Inc. and Bernie Dwyer Respondents

INTERIM DECISION

Adjudicator: Eric Whist Date: October 28, 2008 Citation: 2008 HRTO 200 Indexed as: Buritica v. Campus Living Centres

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on July 23, 2008. The applicant alleges discrimination in employment based on disability.

2The applicant states in the Application that she also has a claim before the Workplace Safety and Insurance Board (WSIB) but indicates that she does not want the Tribunal to defer her Application until the WSIB proceeding is complete.

3In its Response the respondents indicates the proceeding is before the Workplace Safety and Insurance Appeal Tribunal (WSIAT) and requests the Application be deferred.

4In her reply the applicant provided detailed submissions opposing deferral.

5In addition, the applicant objects to disclosure of medical documents with the Response on the grounds these are the applicant's confidential medical documents which the respondent does not have the right to disclose. The applicant asks that these documents be struck from the Response.

DECISION

6The nature and current status of the proceeding before the WSIB and/or WSIAT is not clear from the documents and information provided by the applicant and respondent. Ultimately any ruling that the Tribunal might make on whether to defer the application must be informed by an understanding of the nature of proceedings before the WSIB and/or WSIAT including the nature of a decision that has been or will be made by WSIB and that has been or may be appealed to WSIAT.

7The respondent is directed to deliver to the applicant and file with the Tribunal, no later than 14 days from the date of this decision, its submissions on deferral of this proceeding pending the resolution or completion of the WSIB or WSIAT proceeding. The respondent is to include any information it may have as to the status and nature of the proceeding before the WSIB and/or WSIAT. The respondent may respond to the applicant's disclosure objection.

8The applicant may reply to the respondent's submissions within 7 days of receiving them. The reply is to include the applicant's position and understanding of the status and nature of the proceeding before WSIB and/or WSIAT.

9I am not seized of this matter.