H.S. v. Children and Family Services for York Region, 2009 HRTO 1846

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

H.S.

Applicant

-and-

Children and Family Services for York Region and Fariba Haditaghi

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: November 2, 2009

Citation: 2009 HRTO 1846

Indexed as: H.S. v. Children and Family Services for York Region

1This is an Application filed on June 25, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”). The applicant alleges that the respondents discriminated against her in employment, goods, services and facilities, and contracts on the basis of family status, marital status, creed, association with a person identified by another ground, and reprisal or threat of reprisal.

2The respondents filed a Response in which they submitted that the applicant has not made a link between the allegations and a ground of discrimination. They also submitted that the Application be dismissed because there is no evidence that the applicant sought employment from Children and Family Services for York Region (“CFS York”), negotiated or entered into any contractual relationship with the respondents, or that any of CFS York’s services or facilities that was implemented breached the Code. The respondents also submitted, as an alternative position, that the Application be deferred until completion of the child protection trial that is scheduled for November 9, 2009. The applicant has not filed a Reply and the time for so doing has now passed.

3On the basis of the material before me, I find it appropriate to defer this Application pending completion of the child protection proceedings.

4The Tribunal may defer consideration of an application, on such terms as it may determine, and on its own initiative (Rule 14.1). The Tribunal has stated that deferral is not automatically invoked simply because the parties are involved in other legal proceedings. It is a discretionary measure that the Tribunal exercises on the basis of the circumstances in each case. Absent good reason, applicants and respondents before the Tribunal are entitled to expect the Tribunal to take timely action to resolve complaints of discrimination brought before it.

5Some applications before the Tribunal may raise facts or issues which overlap with those in other concurrent proceedings, but in which human rights issues are not clearly engaged. In those cases, in exercising its discretion to defer, the Tribunal will consider factors such as the subject matter of the other proceeding, its nature, the type of remedies available, the status of the other proceeding and steps that have been taken to pursue it.

6The Tribunal has deferred an application, for instance, where the same facts underlay both a civil action and the application to the Tribunal on the grounds that, although the civil action did not raise human rights issues, it was close to its resolution (Klein v. Toronto Zionist Council, 2008 HRTO 189). Even if the human rights issues will not be resolved by the civil action, if it is at an advanced stage, it may well be fair, just and expeditious to defer the Tribunal’s proceeding.

7In the case before me, there is a concurrent civil proceeding that is scheduled for November 9, 2009. In the circumstances, and having regard to the subject matter of the other proceeding, its nature, the type of remedies that are available and the status of the other proceeding, the Tribunal decides it is appropriate to defer this Application pending the completion of the civil proceeding.

8The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which the Application may be brought back on after the civil proceeding has been concluded.

9In view of section 45(8) of the Child and Family Services Act, R.S.O. c. C.11, as amended, I make the following Order:

1. The applicant’s name shall be substituted with initials in any communication by or with the Tribunal.

2. The style of cause is amended to reflect this change.

3. No identifying information about the applicant shall be provided by the Tribunal to anyone other than the parties.

4. The proceedings in this matter shall be closed to the public.

5. All pleadings and documents in the Tribunal’s file shall be sealed and not form part of the public record.

10If any party objects to or seeks modification of this Order, they shall deliver to the other parties and file with the Tribunal a Request for Order During Proceedings in this regard.

11I am not seized of this matter.