Human Rights Tribunal of Ontario
B E T W E E N:
Stanley Galas
Applicant
-and-
Workplace Safety and Insurance Board and Mark Evans
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Galas v. Workplace Safety and Insurance Board
1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application names as respondents the Workplace Safety and Insurance Board (WSIB) and Mark Evans, who is an Appeals Resolution Officer employed by the WSIB.
2On review of the Application, it appeared to the Tribunal that consideration of the Application should be deferred because the applicant mentioned that he was pursuing an appeal of the Decision of the Appeals Resolution Officer. In a letter dated March 15, 2010, the Tribunal invited the parties to make submissions on whether the Tribunal should defer consideration of the Application. The respondents filed submissions indicated that they agreed that the matter should be deferred. The applicant filed submissions indicating that he opposed deferral. Neither party has, however, provided any information about the status of the applicant’s claim before the WSIB, and whether and when any appeal has in fact been pursued and to what forum.
3On review of the Application and the recent submissions, I find that further information is required to determine how this Application should be dealt with. The respondents are directed to file a full Response with the Tribunal and send a copy to the applicant. The Response should include information regarding the current state of any appeal filed by the applicant and may identify any other preliminary issues. The Response must be sent within 45 days of the date of this Interim Decision.
Dated at Toronto, this 14th day of May, 2010.
"signed by"________________
Brian Cook
Vice-chair