Kularaj Kulasingam v. Toral Cast Integrated Technologies, 2009 HRTO 266

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kularaj Kulasingam

Applicant

-and-

Toral Cast Integrated Technologies, a division of Magna Powertrain Inc.,

and Ramdat Singh

Respondents

INTERIM DECISION

Adjudicator: Lorne Slotnick

Date: March 9, 2009

Citation: 2009 HRTO 266

Indexed as: Kulasingam v. Toral Cast Integrated Technologies

1This is an Application filed October 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A Case Resolution Conference was scheduled for March 3, 2009, to deal with a number of preliminary issues raised by the respondents. After some discussion, the parties agreed on how this matter would proceed.

3In keeping with the parties’ agreements, I make the following orders:

• The hearing on the preliminary issues is adjourned;

• The hearing of this matter will be deferred until after the applicant’s appeal to the Ontario Labour Relations Board of the Employment Standards Officer’s decision dated February 29, 2008, is dealt with, and after any appeals of the applicant’s Workplace Safety and Insurance Board claims are dealt with;

• The personal respondents Brent Davies and Christine Korzenko are removed as parties and the style of cause amended accordingly.

4If and when the matter is heard, the respondents have reserved the right to argue that the personal respondent Ramdat Singh should be removed as a party, and also to argue that the Application should be dismissed because it does not disclose a prima facie case.

5Once the applicant’s appeals under the Employment Standards Act, 2007, S.O. 2007, c. 6 and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched A have been exhausted, the applicant may contact the Registrar to schedule a hearing on this Application.

6I am not seized of this matter.