Leonardo G. Galuego v. Kensington Health Centre, 2009 HRTO 179

Human Rights Tribunal of Ontario

B E T W E E N:

Leonardo G. Galuego Applicant

-and-

Kensington Health Centre Respondent

-and-

Canadian Union of Public Employees, Local 4599 Intervener

INTERIM DECISION

Adjudicator: Jay Sengupta Date: February 19, 2009 Citation: 2009 HRTO 179 Indexed as: Galuego v. Kensington Health Centre

1This is an Application filed August 14, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). In an earlier Interim Decision the Tribunal ordered that the Application be deferred pending the conclusion of two grievances filed by the applicant through his union (2008 HRTO 245). The applicant has sent in correspondence to the Tribunal, dated January 15, 2009 and received January 19, 2009, in which he indicates that he objects to the Interim Decision and requests that the Application be processed without delay.

2The Code and the Tribunal's Rules of Procedure do not contemplate or include such an "objection" process. Rule 26 sets out a procedure by which a party can request reconsideration of a final decision of the Tribunal. The deferral does not constitute a final decision or determination of the Application. The reconsideration powers do not apply.

3Where a party wishes to proceed with an application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4). There is nothing in the correspondence received to indicate that the grievances have concluded.

4I am not seized of this matter.