HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Steven McKinnon
Applicant
-and-
City of Toronto
Respondent
A N D B E T W E E N:
Steven McKinnon
Applicant
-and-
Her Majesty the Queen as Represented by the Ministry of Community and Social Services and Social Benefits Tribunal
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: McKinnon v. Toronto (City)
1In an earlier Interim Decision, 2010 HRTO 1044, the Tribunal sought submissions with respect to the issue of deferral of these two Applications pending the conclusion of appeals before the Social Benefits Tribunal ("SBT"). In the SBT proceedings, the applicant alleges that the denial of Ontario Works benefits violate the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code").
2No submissions have been received and the timeline for providing submissions has elapsed.
3Deferral of an application ensures that proceedings dealing with the same issues do not run at the same time, thereby raising the possibility of inconsistent decisions on facts or law. As noted in the earlier Interim Decision, the human rights issues raised in these Applications are the same as those which are currently before the SBT, which has the jurisdiction to hear them and will do so in August. See Tranchemontagne v. Ontario (Director, Disability Support Program), 2006 SCC 14. Accordingly, it appears that deferral pending the conclusion of the SBT proceedings is appropriate. The Applications will therefore be deferred pending the completion of the SBT proceedings.
4The Tribunal directs the parties' attention to Rules 14.3 and 14.4 which outline the procedure by which an application may be brought back on after the conclusion of the other process.
5I am not seized of this matter.
Dated at Toronto, this 14th day of July, 2010.
"Signed by"
Ena Chadha
Vice-chair