Hoekstra v. First Hamilton Christian Reformed Church, 2009 HRTO 2087

Human Rights Tribunal of Ontario

B E T W E E N:

Barbara Hoekstra

Applicant

-and-

First Hamilton Christian Reformed Church

Respondent

A N D B E T W E E N:

Nicholas Minigan

Applicant

-and-

First Hamilton Christian Reformed Church

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: December 3, 2009

Citation: 2009 HRTO 2087

Indexed as: Hoekstra v. First Hamilton Christian Reformed Church

1These are Applications filed on August 10, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), which the applicants request the Tribunal to deal with together.

2Having regard to the significant overlap in the facts and issues raised by the two Applications, the Tribunal will deal with them together.

3The applicants are a husband and wife. One Application (the Hoekstra Application) alleges that the respondent (“the Church”) violated the Code by refusing Barbara Hoekstra’s application for membership in the Church. She alleges that the Church took this action because she made a prior human rights complaint against it. The prior complaint, which alleges discrimination in a hiring process, is before the Tribunal as File No. TR-0114-09 (the “Transition Application”), and is scheduled for a Case Resolution Conference on January 25, 2010.

4The other Application (the Minigan Application) alleges that the Church discriminated against Barbara Hoekstra’s husband on the ground of association when the Church refused him membership because of his wife’s human rights complaint.

5No party has requested that these Applications be heard together with the Transition Application. On my review of the material before me, I find it appropriate to hold these Applications in abeyance pending the completion of the Transition Application. The findings of the Tribunal in the Transition Application may have a bearing on the facts and issues to be determined in relation to the two Applications before me.

6Any party may ask that the Applications proceed once the Transition Application has been completed. If the Tribunal does not receive a request to proceed with the Applications within a year of the completion of the Transition Application, these matters may be dismissed as abandoned.

7I am not seized of this matter.