Patricia Hickey v. 1437470 Ontario Limited o/a Petro-Pass, Ali Abbas and Wijdan Karim, 2009 HRTO 481

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Hickey

Applicant

-and-

1437470 Ontario Limited o/a Petro-Pass, Ali Abbas and Wijdan Karim

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: April 22, 2009

Citation: 2009 HRTO 481

Indexed as: Hickey v. 1437470 Ontario

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on February 18, 2009. The applicant alleges she was discriminated against by the respondents in the context of her employment on the basis of her race, place of origin and ethnic origin.

2In their Response, filed on March 31, 2009, the respondents ask that the Tribunal dismiss the Application pursuant to s. 34(11) of the Code. According to s. 34(11):

A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or

(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.

3The respondents contend that a claim based on the same facts as the Application has been filed in civil court in which the applicant is requesting a remedy based on the alleged human rights violation.

3The purpose of this Interim Decision is to seek submissions from the parties regarding the respondents’ request for early dismissal of the Application.

4No later than 14 days from the date of this Interim Decision the applicant shall deliver to the respondents and file with the Tribunal submissions regarding whether this Application is barred by virtue of s. 34(11) of the Code. The applicant must advise the Tribunal of the status of the civil court action and whether a hearing date has been scheduled.

5No later than 21 days from the date of this Interim Decision the respondents shall deliver to the applicant and file with the Tribunal a written response to the applicant’s submissions and to include information regarding the status of the civil court action.

6Before preparing their submissions, the parties may wish to review subsections 34(11) and 46.1(1) of the Code as well as the Tribunal’s Rules and Guides to its processes, available on the Tribunal’s website at www.hrto.ca.

7I am not seized of this matter.