Shannon Wright v. Love Dhawan, 2009 HRTO 1476

Human Rights Tribunal of Ontario

B E T W E E N:

Shannon Wright

Applicant

-and-

Love Dhawan

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: September 15, 2009

Citation: 2009 HRTO 1476

Indexed as: Wright v. Dhawan

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, alleging sexual solicitation and reprisal. The respondent has filed a Request for Order During Proceedings asking that he not be required to file a Response to the Application until the resolution of related criminal proceedings. The respondent has been charged with sexual assault as a result of the same alleged incidents as those in this proceeding. The criminal trial is scheduled to occur on February 4, 2010.

2Among other arguments, the respondent states that if this Application proceeds, this would affect his Charter right to remain silent in the criminal proceeding. The applicant opposes the Request. She notes that the issue in the criminal proceeding is different from that in the human rights proceeding, that she is not a party to that matter, that she cannot obtain a remedy in the criminal proceeding, and that it would cause unnecessary delay.

3In my view, the possible effects on the respondent’s rights and interests in the criminal proceedings outweigh the other interests cited by the applicant in this case, and therefore the respondent will not be required to file a Response while the criminal trial arising out of the same incidents is pending.

4Accordingly, the Tribunal shall take no further steps in this Application for a period of up to one year unless contacted by one of the parties to advise that the criminal trial has been completed. If no party communicates with the Tribunal by September 14, 2010 to advise that the criminal proceedings have been completed or remain ongoing, the Application may be dismissed as withdrawn.

5I am not seized.