Sonia Baker v. The Board of Governors of the Kingston Hospital, Pam Devine and Bill Hunter, 2009 HRTO 2079

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sonia Baker

Applicant

-and-

The Board of Governors of the Kingston Hospital, Pam Devine and Bill Hunter

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: December 2, 2009

Citation: 2009 HRTO 2079

Indexed as: Baker v. Kingston Hospital

1This is an Application filed on October 2, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2By Interim Decision dated December 5, 2008, 2008 HRTO 366, the Tribunal deferred the Application pending the conclusion of grievances relating to the same subject matter as the Application.

3The applicant filed a Request for an Order During Proceedings, received by the Tribunal on October 30, 2009, asking that her Application be re-activated. Attached to her Request is a copy of a letter from her union dated February 17, 2009, advising that it was withdrawing her grievances.

4Rule 14.4 of the Tribunal's Rules of Procedure states:

Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than (sixty) 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

5This Request to re-activate the Application was filed more than nine months after the applicant was advised of the withdrawal of her grievances. This is well beyond the sixty day time limit set by Rule 14.4.

6The Tribunal has the power to waive the strict application of its Rules. However, there must be a good reason to do so. The applicant is therefore requested to provide the Tribunal with submissions on why this Application should proceed, given her delay in requesting re-activation of the Application. She must explain the delay and give her reasons why this Application should proceed. The applicant's submissions must be provided to the Tribunal and to the respondents by December 16, 2009. The respondents may respond to her submissions by December 30, 2009. In their response, they must address whether there is any prejudice to them in proceeding with this Application despite the delay.

7I am not seized of this matter.