Blackmore v. Thames Valley Children’s Centre, 2010 HRTO 1040

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jessica Blackmore

Applicant

-and-

Thames Valley Children’s Centre

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: May 10, 2010

Citation: 2010 HRTO 1040

Indexed as: Blackmore v. Thames Valley Children’s Centre

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination in employment on the basis of disability. The respondent has filed a Request for Order asking that the Application be dismissed on a preliminary basis without a hearing on the basis that the applicant has not established a prima facie case, and, in the alternative, asking for deferral pending completion of proceedings before the WSIB.

2The Tribunal has no power to dismiss an Application that is within its jurisdiction without hearing oral submissions: see s. 43(2) of the Code. Accordingly, it would not be appropriate to consider the respondent’s request at this time on the basis of written submissions.

3The applicant does not object to the deferral of this matter pending the conclusion of the WSIB proceedings dealing with the respondent’s reemployment and accommodation of the applicant, and deferral is appropriate given the overlap in the two proceedings.

4Accordingly, the Application will be deferred, pursuant to Rule 14, pending the completion of the WSIB proceedings. The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be reactivated after the conclusion of the WSIB proceedings.