Howden v. Ontario (Transportation), 2008 HRTO 244

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

George Howden

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation

Respondent

INTERIM decision

Adjudicator: Alan Whyte

Date: November 7, 2008

Citation: 2008 HRTO 244

Indexed as: Howden v. Ontario (Transportation)

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto ON M7A 2A3 Phone 416-326-1312 / 1-866-598-0322 / Fax 416-326-2199 / Toll Free1-866-355-6099 TTY 416- 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1This is an Application filed September 4, 2008, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which discrimination in relation to goods, services or facilities is alleged on the basis of disability.

2The respondent downgraded the applicant’s drivers licence. The applicant appealed that decision to the Licence Appeal Tribunal. One of the issues in the appeal was the applicability of the Code to the respondent’s decision-making. That Tribunal dismissed his appeal, which decision was then appealed to the Superior Court of Justice. That court dismissed the appeal and there is now an outstanding appeal before the Ontario Court of Appeal.

3The respondent filed a Response and requested early dismissal on the grounds the Application was barred because a proceeding based on the same facts and seeking a remedy for the alleged human rights violation had been filed in civil court.

4Section 34(11)(a) of the Code provides that an application may not be made if:

a civil proceeding has been commenced in a court in which the person is seeking an order under s. 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn.

5The Tribunal requires written submissions from the parties on whether s.34 (11)(a) applies in the circumstances of this Application.

6These facts also raise an issue with respect to the appropriateness of deferral of the Application pending the conclusion of the proceedings before the Court of Appeal. The Tribunal requires written submissions from the parties on whether it would be appropriate to defer consideration of the application pending the conclusion of the court proceeding.

7On receipt of the parties’ submissions, the Tribunal will either decide the issues on the basis of the submissions or schedule an oral hearing.

8The Tribunal therefore orders that:

(a) The applicant deliver to the respondent and file with the Tribunal written submissions on the issues outlined in paragraphs 5 and 6 of this Interim Decision by November 26, 2008; and

(b) The respondent deliver to the applicant and file with the Tribunal its responding submissions by December 10, 2008; and

(c) The applicant deliver to the respondent and file with the Tribunal his submissions in reply by December 17, 2008.

9I am not seized of this matter.