Human Rights Tribunal of Ontario
Between:
Teresa Glynn Applicant
-and-
Lowes Companies Canada, ULC, Derek Coburn, John Mihalic, Allan Huggins and the Manufacturers Life Insurance Company Respondents
Interim Decision
Adjudicator: Sherry Liang Date: July 7, 2010 Citation: 2010 HRTO 1470 Indexed as: Glynn v. Lowes Companies Canada
1This is an Application filed on May 27, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Tribunal has issued Interim Decisions in this matter on July 30, 2009 (2009 HRTO 1180) and October 27, 2009 (2009 HRTO 1778).
2On January 25, 2010, the Tribunal issued a Notice of Rescheduled Mediation, setting a mediation date of June 1, 2010. On April 26, 2010, the applicant, through counsel, advised the Tribunal that all parties consented to "adjourning" this Application as "we are proceeding with legal action through the courts." The mediation was therefore cancelled.
3The applicant commenced a civil action in the Superior Court of Justice by Statement of Claim dated May 3, 2010. The applicant has now filed a Request for Order requesting that the Tribunal defer dealing with this Application pending mediation of the civil claim on October 18, 2010.
4The respondents have responded to the Request, both stating that they are "not consenting to any steps by the Applicant intended to maintain this Application." They indicate that they "will proceed with a request for an interim order to dismiss the Application to the extent that the Applicant seeks to maintain overlapping litigation in two forums following the mediation scheduled in the civil litigation for October 18, 2010."
5As there does not appear to be any objection to a deferral of the Application pending the conclusion of the mediation on October 18, 2010, and given the overlap between the facts and issues raised in the two proceedings, the Tribunal grants the Request.
6If the applicant seeks to re-activate the Application following conclusion of that mediation, and the respondents seek dismissal of the Application, they may file a Form 10 Request for Order During Proceedings. The Tribunal may also request submissions from the parties at that time on whether it is appropriate to defer the Application pending the conclusion of the civil proceeding in its entirety.
7I am not seized of this matter.
Dated at Toronto this 7th day of July, 2010.
"signed by"________________
Sherry Liang Vice-chair