Nilda Castro v. Reidco (86) Ltd. and Richard Reid, 2009 HRTO 1508

Human Rights Tribunal of Ontario

B E T W E E N:

Nilda Castro Applicant

-and-

Reidco (86) Ltd. and Richard Reid Respondents

INTERIM decision

Adjudicator: Brian Cook Date: September 21, 2009 Citation: 2009 HRTO 1508 Indexed as: Castro v. Reidco

1This Interim Decision deals with a Request for early dismissal under section 45.1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Request is brought by the respondents on the grounds that another proceeding has in whole or in part appropriately dealt with the substance of the Application.

2The Application alleges discrimination in employment. The applicant was an employee of the corporate respondent and she alleges that the personal respondent behaved in an inappropriate manner that constituted discrimination and/or harassment under the Code.

3The applicant suffered an injury in the course of her employment with the corporate respondent and filed a claim for benefits with the Workplace Safety and Insurance Board (“WSIB”). The respondents submit that the substance of the Application has been appropriately dealt with by the WSIB. The respondents refer to a decision of the WSIB which reduced the applicant’s ongoing benefits on the grounds that she had failed to co-operate in the early and safe return to work process.

4On the basis of the information before me, it is very clear that the decision of the WSIB in no way dealt with the allegations described in the Application. While the decisions of the WSIB and the fact that loss of earnings benefits have been awarded may be relevant to the Application, it cannot be said that the WSIB has dealt with the substance of the Application.

5The request to dismiss the Application is denied.