Shannon Bertrand v. City of Toronto, Sandra Cuff and David Dolomont, 2009 HRTO 2169

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shannon Bertrand Applicant

-and-

City of Toronto, Sandra Cuff and David Dolomont Respondents

INTERIM DECISION

Adjudicator: David Muir Date: December 14, 2009 Citation: 2009 HRTO 2169 Indexed as: Bertrand v. Toronto (City)

1This is an Application filed June 30, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2This Interim Decision deals with a Request for Order during Proceeding ("Request") filed by the respondents seeking a deferral of the Tribunal proceedings pending the outcome of an arbitration which is currently underway.

3The respondents state that the applicant is employed by the respondent City and is subject to the terms of a collective agreement between the City and the Toronto Civic Employees Union, Local 416. The respondents state that the events which give rise to this Application are the same events which form the subject of the grievance arbitration. The applicant made no submissions in response to the Request.

4The 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 highly expeditious way of proceeding with the application.

5The facts and issues raised by this Application are part of a grievance process that has begun. The hearing has begun and three days of hearing have been concluded. The issues in the Application and the grievance arbitration appear to be largely similar. The arbitrator has not only the power but also the responsibility to implement and enforce the substantive rights and obligations of human rights and other employment-related statutes as if they were part of the collective agreement (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42).

6For these reasons I am satisfied based on the material filed that the arbitration proceeding should proceed to its conclusion before the Tribunal will deal with the Application.

7Any party wishing to proceed further with this Application should do so within 60 days of the conclusion of the arbitration in writing to the Registrar-Transition.