HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marlene Larivière
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Peter Buglass and Neil Neville
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Date: June 21, 2010
Citation: 2010 HRTO 1375
Indexed as: Larivière v. Ontario (Community Safety and Correctional Services)
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 was filed on January 26, 2010. A copy of the Application was sent to the respondents and to the applicant’s union. The respondents were not required to file a Response at that time because the Tribunal determined that it might be appropriate to defer consideration of the Application because of an ongoing grievance.
2Pursuant to Interim Decision 2010 HRTO 772, dated April 7, 2010, consideration of the Application was deferred by the Tribunal pending the completion of the grievance process.
3On May 4, 2010, the applicant filed a Request for Order During Proceedings, seeking reactivation of the Application on the grounds that she had withdrawn the grievance. She attached a Grievance Withdrawal Form dated April 13, 2010.
4The respondents filed a Response to the Request for Order During Proceedings. The respondents submit that the issues raised in the Application were being dealt with in the grievance process. The respondents submit that the grievance process was an appropriate process to deal with the issues raised in the Application and that the applicant ought not to be permitted to re-activate the Application at the Tribunal.
5As noted in the Interim Decision, the Tribunal will generally defer consideration of an Application when there is an ongoing grievance under a collective agreement based on the same facts and human rights issues as are raised in the Application.
6The applicant has now withdrawn the grievance and so there is no longer any reason to defer consideration of the Application.
7The respondents are directed to file a Response to the Application within 35 days of the date of this Interim Decision.
Dated at Toronto, this 21st day of June, 2010.
“Signed by”
Brian Cook
Vice-chair