Baker v. Sears Canada, 2010 HRTO 1918

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sarah Baker Applicant

• and -

Sears Canada Inc. and Monique Binder Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: September 21, 2010 Citation: 2010 HRTO 1918 Indexed as: Baker v. Sears Canada

1This Application, filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), alleges discrimination with respect to employment on the basis of disability.

2This Interim Decision addresses a request made by the applicant to reactivate the Application, which was deferred by the Tribunal pending the conclusion of a Small Claims Court wrongful dismissal launched by the applicant against the corporate respondent. See Baker v. Sears Canada, 2009 HRTO 1793.

3On August 9, 2010, the applicant filed a Request for Order seeking to reactivate her Application. The applicant indicates that the civil claim was settled on May 5, 2010, and that she received payment of the settlement funds on June 8, 2010. The applicant also notes that certain final documents to officially close the case with the Small Claims Court still need to be filed.

4The respondents have not responded to the Request to reactivate and the time for doing so has elapsed.

5The Tribunal cannot consider the request to reactivate the Application until the applicant confirms that the Small Claims Court matter is officially concluded. Given the applicant's acknowledgement that certain documents remain outstanding before the Small Claims Court matter is concluded, the applicant's request to reactivate is premature.

6The applicant's Request to reactivate the Application is dismissed.

7I am not seized of this matter.