HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean Wong

Applicant

-and-

G.H. Imported Merchandise & Sales Limited

c.o.b. as Ash City

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: November 18, 2008

Citation: 2008 HRTO 277

Indexed as: Wong v. G.H. Imported Merchandise

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

[1] The 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 September 17, 2008.

[2] In the Application, the applicant refers to having filed a lawsuit seeking to recover severance pay. In a separate letter to the Tribunal, the applicant indicates that the court action is no longer ongoing.

[3] The respondent has requested early dismissal of the Application on the grounds that a claim based on the same facts and requesting a remedy based on the alleged human rights violation has been filed in civil court. The respondent provided a copy of a Statement of Claim dated December 7, 2007, and states that it has no knowledge that the civil litigation is no longer continuing. It states that if the applicant is willing to provide some evidence of having discontinued the civil action, it would be prepared to file a full response to the Application.

[4] Section 34(11)(a) of the Code states:

A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

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order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn…

[5] Before determining how to proceed, and without deciding whether the civil action is one to which section 34(11)(a) applies, the Tribunal requires more information from the applicant. The Tribunal therefore orders the following:

(a) The applicant is directed to provide the Tribunal with documentation or information confirming the discontinuance of her civil action. This documentation or information shall be delivered to the respondent’s representative as indicated on the Response, and filed with the Tribunal, by Friday, November 28, 2008;

(b) A copy of the Response will be sent to the applicant along with this decision;

(c) The name of the respondent is amended to reflect the full name provided in the Response.

[6] I am not seized.

Dated at Toronto, this 18^th^ day of November, 2008.

“Signed by”

Sherry Liang

Vice Chair