Theodore LeBlanc v. Honda of Canada, Mfg., a division of Honda Canada Inc., 2009 HRTO 1883

Human Rights Tribunal of Ontario

B E T W E E N:

Theodore LeBlanc

Applicant

-and-

Honda of Canada, Mfg., a division of Honda Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: November 5, 2009

Citation: 2009 HRTO 1883

Indexed as: LeBlanc v. Honda of Canada

1This Interim Decision deals with an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). The Application was filed on March 24, 2009 and alleges discrimination in the context of employment on the grounds of disability.

BACKGROUND

2The Application arises out of a work-related injury which occurred on August 4, 2005. The applicant alleges that the respondent failed to accommodate the disability he sustained following this injury.

3Following the injury, the applicant filed a claim with the Workplace Safety and Insurance Board (WSIB). The WSIB eventually determined that the applicant had refused to accept suitable work that was offered by the respondent and refused to participate in assessments that might clarify the nature of his physical restrictions. His entitlement to benefits ended on that basis.

4The applicant appealed the decision of the WSIB to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). In an Interim Decision, 2009 HRTO 812, the Tribunal deferred the Application pending the outcome of the WSIAT matter.

5The WSIAT rendered a decision on July 17, 2009 in which it concluded that the applicant had refused the suitable work offered to him by the respondent. The WSIAT concluded that the applicant was not entitled to benefits because of his refusal of suitable work.

6On September 10, 2009, the applicant filed a Request for an Order During Proceedings asking the Tribunal to proceed with the deferred Application. He disputes the factual and other conclusions of the WSIAT, maintains that the work offered was not suitable and that the respondent failed to accommodate his disability.

7On October 6, 2009, the respondent filed a Request for an Order During Proceedings seeking to have the Application dismissed under s. 45.1 of the Code on the basis that the WSIAT proceeding has appropriately dealt with the substance of the Application. The respondent also argues that it would be an abuse of process for the Tribunal to review the conclusive findings of the WSIAT.

8The Tribunal is satisfied that the Application may be reactivated. The applicant's request is therefore granted.

9However, the Tribunal will address the section 45.1 issue raised by the respondent as a preliminary matter. The Registrar will schedule an oral hearing to address only the following preliminary issue:

Should the Application be dismissed, in whole or in part, under s. 45.1 of the Code on the basis that the WSIAT proceeding has appropriately dealt with the substance of the Application.

10If either party wishes to rely on case law or other supporting material not already filed with the Tribunal during the hearing, they are directed to deliver this material to each other, and to the Tribunal, by no later than two weeks before the date scheduled for the hearing.

11I am not seized of this matter.