Villeneuve v. Paul Ayotte Insurance Brokers, 2009 HRTO 1857

Human Rights Tribunal of Ontario

B E T W E E N:

Suzanne Villeneuve

Applicant

-and-

Paul Ayotte Insurance Brokers

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: November 3, 2009 Citation: 2009 HRTO 1857 Indexed as: Villeneuve v. Paul Ayotte Insurance Brokers

1This is an Application filed on May 22, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c, H.19, as amended (the "Code").

2The applicant had indicated that the facts set out in the Application are part of a wrongful dismissal proceeding still in progress. The Tribunal issued a Notice of Intent to Dismiss under Rule 13 of the Rules of Procedure, referring to section 34(11) of the Code, which bars a person from making an application to the Tribunal where there is an ongoing civil claim in the courts which seeks remedies for discrimination arising from the same events. The applicant was invited to make written submissions to the Tribunal explaining why her Application is in the Tribunal's jurisdiction.

3The applicant subsequently sent the Tribunal a copy of a draft Statement of Claim. The Statement of Claim has now been issued.

4The Tribunal issued an Interim Decision, 2009 HRTO 1249, in which it refused to dismiss the Application on the basis of section 34(11) of the Code. The Tribunal held:

Although it is apparent that the Application and the Statement of Claim are based on the same chain of events, the Statement of Claim does not refer to the Code. Nor does it explicitly seek damages for a violation of the Code. The Claim alleges that the respondent breached her employment contract by terminating it without notice.

5On September 8, 2009, the respondent filed a Response in which it seeks an early dismissal of the Application under section 34(11) because a claim based on the same facts has been filed in civil court.

6This question was addressed in the earlier Interim Decision, 2009 HRTO 1249. The respondent's request for an early dismissal is denied. There is nothing in the respondent's submissions which suggests to me that the earlier Interim Decision was inappropriate.

REQUEST FOR SUBMISSIONS

7At least some of the facts of this Application are also at issue in the Statement of Claim filed by the applicant. Although none of the parties have requested deferral of this Application, Rule 14.1 of the Tribunal's Rules of Procedure states that the Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party.

8The Tribunal requests written submissions from the parties regarding whether it ought to defer this Application pending the conclusion of the civil suit. Within ten days of this Interim Decision, the parties may provide written submissions to each other and the Tribunal. These submissions should address the current status of the civil matter.

9I am not seized of this matter.