Tracy Morgan v. University of Waterloo and David Mackay, 2010 HRTO 1237

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tracy Morgan

Applicant

-and-

University of Waterloo and David Mackay

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: June 2, 2010

Citation: 2010 HRTO 1237

Indexed as: Morgan v. University of Waterloo

1The applicant filed an Application with the Tribunal on April 12, 2010 alleging discrimination and harassment in employment on the basis of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On May 31, 2010 the applicant filed a Request to Expedite the Application. In describing the urgent circumstances that may affect the fair and just resolution of the merits of her Application if the matter is not expedited, the applicant states that a longer amount of time in hearing the case will cause further delay in implementing some of the remedies she is seeking if her Application is successful. With regard to the harm that would result if the Request is denied, the applicant states that there have been ongoing incidents in relation to the personal respondent that have caused her emotional distress and have negatively affected her sense of physical and emotional safety in the workplace and ultimately her health. She alleges that her employer has not taken appropriate action in response to her concerns and is preventing her from raising issues of ongoing harassment unless they involve physical contact. She believes she will experience irreparable harm in her existing work environment until the Tribunal hears her case.

2The Tribunal’s Rules of Procedure provide for applications to be dealt with in an expedited manner in urgent circumstances. Rule 21.1 provides that an applicant may request that the Tribunal deal with an application on an expedited basis in circumstances which require an urgent resolution of the issues in dispute. Rule 21.2 requires an applicant seeking an expedited application to identify any urgent circumstances that may affect the fair and just resolution of the merits of the application and the harm that would result if the request is denied.

3In Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, at para. 9 the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process.

4In Ebrahimi v. Durham District School Board, 2009 HRTO 1062, the Tribunal noted that another basis for expediting an application may be where a requested (and arguably appropriate) remedy will be moot, or unavailable, without expediting an application.

5Having reviewed the materials, I cannot conclude that this Request to Expedite meets the high threshold required by the Tribunal’s jurisprudence. The Tribunal has held that the types of factors cited by the applicant, such as the emotional and psychological impact of her ongoing circumstances, do not generally constitute indications of urgency as compared with other employment discrimination cases. Many applications before the Tribunal involve allegations of ongoing discrimination and while I do not doubt the sincerity of the applicant’s concerns regarding her work environment, I cannot conclude that the harm which the applicant states may occur warrants giving this Application priority over other matters.

6Further when asked to provide the date of the last event of discrimination or harassment, the applicant indicates it was June 16, 2009. While the applicant describes more recent incidents which she alleges constitute discrimination or harassment, it appears that the most significant event described in the Application occurred almost ten (10) months prior to the filing of the Application. The delay in filing the Application and Request to Expedite weighs against giving it priority for Tribunal resources through an expedited proceeding: Kwan v. Hospital for Sick Children, 2009 HRTO 621.

7The Request to Expedite is denied.

8I am not seized.