Bertrand Legrand v. Primary Response Inc., 2009 HRTO 337

Human Rights Tribunal of Ontario

B E T W E E N:

Bertrand Legrand Applicant

-and-

Primary Response Inc. Respondent

INTERIM DECISION

Adjudicator: Leslie Reaume Date: March 20, 2009 Citation: 2009 HRTO 337 Indexed as: Legrand v. Primary Response

1This Interim Decision addresses the issue of whether the Application filed by Bertrand Legrand (“the applicant’) against Primary Response Inc. (“the respondent”) should be deferred pending the outcome of a claim filed by the applicant under the Employment Standards Act, 2000, S.O. 2000, c.41, as amended (“ESA claim).

2The Application to the Tribunal was filed on November 28, 2008 and alleges discrimination in employment on the grounds of race, colour, place of origin and ethnic origin.

3The Request for deferral was originally made by the respondent as part of their reply to the Application filed January 7, 2009. The parties were then directed to provide submissions on the issue of deferral by March 5, 2009. Submissions were received from the applicant but not the respondent.

4A letter dated December 10, 2008 from the Ministry of Labour confirms receipt of the applicant’s ESA claim for overtime pay and termination pay or pay in lieu of notice.

5Some of the factors that may be relevant in deciding whether to defer consideration of an application before the Tribunal are the subject matter of the other proceeding, the nature of the other proceeding, the type of remedies available in the other proceeding, and whether it would be fair overall to the parties to defer, having regard to the status of each proceeding and the steps that have been taken to pursue them: Klein v. Toronto Zionist Council, 2008 HRTO 189.

6I agree with the applicant’s submissions that deferral is not appropriate in this case. While some of the same facts form the basis of both the Application to the Tribunal and the ESA claim, the nature of the claims are different. The ESA claim is limited to payment of earned wages and basic statutory entitlements. The Application to the Tribunal is based on much broader allegations of discrimination and includes a request for a range of remedies which would only be available at the conclusion of a successful hearing before the Tribunal.

7The Request for deferral is dismissed.

8I am not seized of this matter.