Kim Lalonde v. OMNI Healthcare Limited Partnership, 2009 HRTO 449

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kim Lalonde

Applicant

-and-

OMNI Healthcare Limited Partnership

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: April 16, 2009

Citation: 2009 HRTO 449

Indexed as: Lalonde v. OMNI Healthcare

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), which alleges discrimination in employment on the basis of disability and, specifically, that the respondent failed to accommodate the applicant.

2In both the Application and Response, the parties refer to a grievance having been filed by the applicant's bargaining agent, CUPE, alleging a failure to accommodate. A copy of the grievance dated December 9, 2008 was filed by the respondent. The respondent states that, as of the date of the Response (March 3, 2009), the grievance remains outstanding. The respondent seeks deferral of the Application pending the resolution of the grievance.

3The letter to the applicant from the Registrar enclosing the Response indicated that she should address in her Reply the respondent's request to defer. However, in her Reply, the applicant only stated that the information provided by the respondent in relation to the deferral issue is not correct; she does not elaborate on this comment.

4Section 45 of the Code confirms the Tribunal's authority to defer consideration of an application. Under Rule 14 of the Tribunal's Rules of Procedure, the Tribunal may, on its own initiative or on the request of a party, defer consideration of an application. Before making such a determination, the Tribunal will give the parties an opportunity to make submissions on this issue.

5In the circumstances, the Tribunal will provide the applicant with an opportunity to make further submissions. The applicant is directed to deliver written submissions on the request for deferral to the respondent and file them with the Tribunal by April 22, 2009. As part of her submissions, she should specifically identify the portions of the Response that she views as being incorrect. The applicant may wish to review the Tribunal's Rules and Guide to its processes, available on the Tribunal's website at www.hrto.ca, before preparing the submissions.

6The respondent may respond to the applicant's submissions April 29, 2009.

7Both parties should state the status of the grievance in their submissions.

8I am not seized of this matter.