Hunter v. Vermeer, 2008 HRTO 407

Human Rights Tribunal of Ontario

B E T W E E N:

Cyndy Hunter

Applicant

-and-

Hubertus Vermeer

Respondent

INTERIM decision

Adjudicator: Alan Whyte

Date: December 17, 2008

Citation: 2008 HRTO 407

Indexed as: Hunter v. Vermeer

1This is an Application filed on September 29, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2In the Response filed on November 26, 2008, the respondent seeks to defer the hearing of the Application pending the completion of a proceeding currently before the Ministry of Labour. The applicant has produced an Employment Standards Claim form dated April 18, 2008. The respondent submits that this Application should be deferred pending the completion of the process under the Employment Standards Act, 2000, S.O. 2000, c. 41, as amended.

3Section 45 of the Code confirms the Tribunal’s authority to defer consideration of an application. Under Rule 14 of the Tribunal’s Rules of Procedure, the Tribunal may, on its own initiative or at the request of a party, defer consideration of an application. The Tribunal will give the parties an opportunity to make submissions before considering a request to defer.

4The applicant is directed to deliver written submissions on the request for deferral to the respondents and file them with the Tribunal by January 2, 2009. The applicant may wish to review the Tribunal’s Rules and Guide to its processes, available on the Tribunal’s website at www.hrto.ca, before preparing the submissions.

5The respondent may respond to the applicant’s submissions by January 9, 2009.

6I am not seized of this matter.