Lionel Fleury v. Raymond Gay, 2009 HRTO 1789

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lionel Fleury

Applicant

-and-

Raymond Gay

Respondent

interim DECISION

Adjudicator: Jay Sengupta

Date: October 27, 2009

Citation: 2009 HRTO 1789

Indexed as: Fleury v. Gay

1This is an Application filed on April 23, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in the area of goods, services and facilities on the basis of disability.

2In his Response filed on July 24, 2009, the respondent sought to have the Application deferred pending the outcome of a proceeding before the College of Physicians and Surgeons of Ontario (the “OCPS”).

3Included in the Reply filed by the applicant on October 15, 2009 is a copy of the decision of the OCPS, dated August 25, 2009 and indication that the applicant has not appealed that decision. The applicant takes the position that deferral is no longer appropriate given that the OCPS process has been concluded.

4The request to defer the proceedings is, therefore, denied.

5I am not seized.