Human Rights Tribunal of Ontario
B E T W E E N:
Herve Belso
Applicant
-and-
The Regional Municipality of York Police Services Board
Respondents
INTERIM DECISION
Adjudicator: Alan Whyte
Indexed as: Belso v. Regional Municipality of York Police Services Board
1In its earlier Interim Decision, 2009 HRTO 757, the Tribunal dismissed this Application as against 13 respondents and directed that the matter proceed as against The Regional Municipality of York Police Services Board only.
2On October 22, 2009, the applicant filed a Request for Order During Proceedings (RFOP) seeking the deferral of this Application pending the outcome of a Family Court trial in which the final decision has not yet been rendered. The Family Court proceeding is between the applicant and his former spouse.
3The respondent filed a Response to a Request for an Order in which it indicated that although it did not oppose the deferral of the matter, it questioned the relevance of the Family Court proceeding to the Application before this Tribunal. The respondent also indicated that the Application should be dismissed in its entirety as not being within the jurisdiction of the Tribunal under the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
4The Tribunal denies the applicant’s request in the RFOP. It is clear that the facts and issues in the Family Court trial and this application are entirely different and that there is no basis for the deferral. The Tribunal retains discretion as to whether or not to grant a request for a deferral, even where both parties consent.
5The parties are directed to advise the Registrar within 10 days of the date of this Interim Decision as to whether they consent to the holding of a telephone hearing in this matter. In the absence of such consent, the matter will be scheduled for an in person hearing.
6I am not seized.
Dated at Toronto, this 18th day of November, 2009.
“Signed by”
Alan Whyte
Vice-chair