HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kenneth Bruce
Applicant
-and-
Greater Essex County District School Board and Robert Colak
Respondents
INTERIM DECISION
Adjudicator: Mary Truemner
Indexed as: Bruce v. Greater Essex County District School Board
1This is an Application filed on March 19, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) (the “2009 Application”). It alleges reprisal contrary to the Code.
2In an Interim Decision, 2009 HRTO 1650, the Tribunal ordered the deferral of this Application pending its decision on whether the Tribunal will proceed to hear an Application filed earlier under s.53(3) of Part VI of the Code, and, if it does, whether that Application will encompass the reprisal allegations that are the subject of the 2009 Application.
3Through telephone communications with the Registrar’s office, the applicant has brought to the Tribunal’s attention that its decision to defer was made without seeking the parties’ submissions, which should have occurred (Rule 14.2).
4In the circumstances, the Tribunal will receive submissions on whether the 2009 Application should be deferred and make a new decision on the issue. The applicant may make submissions which shall be delivered to the respondent and filed with the Tribunal Registrar by January 15, 2010. The respondent may respond by January 22, 2010. The applicant may reply by January 29, 2010.
5I am not seized.
Dated at Toronto, this 22nd day of December, 2009.
“Signed by”
Mary Truemner
Vice-chair