Gibson v. Arc Resources Canada, 2009 HRTO 624

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ronnie Gibson

Applicant

-and-

Arc Resources Canada and John Coups

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: May 13, 2009

Citation: 2009 HRTO 624

Indexed as: Gibson v. Arc Resources Canada

1This is an Application filed on March 2, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). In the Application, the applicant alleges discrimination in employment on the ground of disability. In his Application form, he has also checked “Record of Offences” as a ground of discrimination but there is nothing in the material that refers to facts supporting an allegation based on this ground.

2The Application arises out of a workplace injury, for which the applicant made a claim for benefits from the Workplace Safety and Insurance Board (WSIB). The applicant alleges that his employer has acted in a discriminatory manner towards him following his injury in connection with return to work as well as his claim for benefits.

3The applicant requests that this Application be deferred pending the completion of proceedings at the WSIB. He provides a copy of a letter dated January 7, 2009 from a lawyer acting on his behalf in that matter, notifying the WSIB of the applicant’s objection to a decision.

4The respondents were sent Notice of the Application and of the request to defer, and have not responded to the request to defer.

5In the circumstances, and given that no parties have objected, the Tribunal determines that it is appropriate to defer the Application pending completion of the WSIB proceeding. The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline how the Application may be brought back on after the conclusion of the WSIB proceeding.