Marian Cook v. Kawartha Haliburton Children’s Aid Society, 2009 HRTO 2174

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marian Cook

Applicant

-and-

Kawartha Haliburton Children’s Aid Society

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: December 17, 2009

Citation: 2009 HRTO 2174

Indexed as: Cook v. Children’s Aid Society

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which she alleges discrimination in the context of employment on the basis of age.

2The applicant has also filed a grievance which seems to be based on the same facts and issues as the Application. The grievance is scheduled to be heard by an arbitrator in February 2010.

3On October 14, 2009, the Tribunal issued a Notice of Intent to Defer pending the completion of the ongoing grievance proceeding. Both the applicant and the respondent submitted that it would be appropriate for the Tribunal to defer the Application in the circumstances.

4The Application will be deferred pending the completion of the grievance proceeding.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4, which outline the procedure by which a party may request that the Application proceed.

6On June 17, 2009, the applicant filed a Request for a Tribunal Ordered Inquiry (“Request”). The applicant’s Request will be dealt with by the Tribunal if and when the Application proceeds.