HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Klarisse Nastai
Applicant
-and-
The Hudson’s Bay Company o/a Zellers
Respondent
INTERIM DECISION
Adjudicator: Sherry Liang
Date: September 8,2010
Citation: 2010 HRTO 1837
Indexed as: Nastai v. Hudson’s Bay
1This is an Application filed September 17, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The Application arises out of events that occurred at a Zellers store on June 24, 2009. The applicant alleges that she was discriminated against by the respondent in the provision of goods, services or facilities when she was wrongfully detained and accused of shoplifting.
2The applicant has also filed an action before the Superior Court of Justice, based on a claim of false imprisonment. The action is based on the same events as this Application. In its Response, the respondent requests that the Tribunal defer consideration of this Application pending the conclusion of the civil action. The applicant states that although the two legal proceedings are based on different legal issues, she does not object to the request.
3In the circumstances, the Tribunal finds it appropriate to defer the Application pending the completion of the civil action. Deferral will ensure that the two proceedings dealing with related issues do not run concurrently, thereby raising the possibility of inconsistent decisions on the facts.
4The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which the Application may be brought back on after the civil claim has been concluded.
Dated at Toronto, this 8th day of September, 2010.
”signed by”___________
Sherry Liang
Vice-chair