HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nahid Siddique

Applicant

-and-

The Regional Municipality of York Police Services Board, William Newton and Miguel Torres

Respondents

INTERIM DECISION

Adjudicator: David Muir Date: December 15, 2008 Citation: 2008 HRTO 398 Indexed as: Siddique v. Regional Municipality of York (Police Services Board)

1This is an Application filed November 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”). The Tribunal scheduled mediation on February 5, 2009. The respondents filed a Response on December 5, 2008. In its Response the corporate respondent identified itself as The Regional Municipality of York Police Services Board. The style of cause is amended accordingly.

2The respondents indicate that there is an ongoing proceeding under the Police Services Act, R.S.O. 1990, c. P.15 that raises identical issues to the present Application.

[3] The respondents request that the Application be deferred pending completion of the civil action. Section 45 of the Code permits the Tribunal to defer an application in accordance with the Tribunal’s Rules.

[4] The expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.1 provides that the Tribunal may exercise any of its powers under these Rules on its own initiative. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.

5As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application ought to be deferred pursuant to section 45 of the Code.

6The Tribunal makes the following Order:

a. The mediation scheduled for February 5, 2009 is cancelled.

b. Within 20 days of the date of this decision, the applicant shall deliver to the respondents and file with the Tribunal submissions on whether this Application ought to be deferred pending completion Police Services Act proceeding.

c. Within 20 days of receipt of the applicant’s submissions, the respondents shall deliver to the applicant and file with the Tribunal a Response to the applicant’s submissions.

d. Within 10 days of receipt of the respondents’ submissions, the applicant may deliver and file her Reply.

7The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a case resolution conference.

8I am not seized of this matter.