Norman Boisvert v. Cleaning Masters Janitorial Services and Pierre Berthier, 2009 HRTO 168

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Norman Boisvert

Applicant

-and-

Cleaning Masters Janitorial Services and Pierre Berthier

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: February 17, 2009

Citation: 2009 HRTO 168

Indexed as: Boisvert v. Cleaning Masters Janitorial Services

1This is an Application received February 2, 2009 under section 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The applicant filed a Request for Interim Remedy seeking $400/week wages until the Application is resolved.

3The Tribunal is committed to the fair, just and expeditious resolution of the merits of all transitional applications under sections 53(3) and 53(5) and its transitional processes are designed for timely resolution of all applications.

4Although the Tribunal Rules Governing Transitional Applications under Sections 53(3) and 53(5) of the Code do not specifically provide a process to request a an "interim remedy", the Tribunal has the discretion to any action that the Tribunal determines is appropriate, Rule 4.3 (m), to ensure the fair, just and highly expeditious resolution of a transitional application. The Tribunal will determine on a case-by-case basis whether it is necessary to make interim orders in order to ensure a fair, just and expeditious resolution of an application.

5In this case, the applicant has not established that the balance of convenience favours granting the interim remedy requested. The Application involves a loss of work opportunity and the applicant was not dependent on the income he is now seeking as interim remedy.

6Therefore, the request for an interim remedy is denied.