Joe Pasqua v. The Ottawa Hospital, 2009 HRTO 189

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joe Pasqua

Applicant

-and-

The Ottawa Hospital

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: February 23, 2009

Citation: 2009 HRTO 189

Indexed as: Pasqua v. Ottawa Hospital

INTRODUCTION

1This is an Interim Decision in respect of an Application filed December 3, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination in employment and services on the grounds of disability and age.

2This Interim Decision deals with deferral of this proceeding until grievances filed on behalf of the applicant have been dealt with in accordance with the collective agreement. Both applicant and respondent have agreed to deferral.

3The 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 (Rule 14.1). The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues. However, the Tribunal must also consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.

4In the circumstances of this case, the Tribunal orders the deferral of this Application pending the conclusion of the grievance arbitration process. The 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 grievances have been concluded.

5I am not seized of this matter.