Louisa Campbell v. Retirement Living by Revera and Lynn Jennings, 2010 HRTO 1925

1This Application was filed on May 4, 2010, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of disability. This Interim Decision deals with the respondents’ request that the Application be deferred pending the completion of a grievance proceeding.

2The request to defer was made as part of the Response to the Application. The respondents provided a copy of the applicant’s grievance dated April 30, 2010. In a letter dated August 24, 2010, the Tribunal invited the applicant to respond within 14 days to the respondents’ request.

3On September 7, 2010, the applicant’s counsel wrote to the Tribunal to state that he had written to the applicant’s bargaining agent, the Service Employee International Union, Local 1, (the “Union”) on behalf of the applicant. A copy of counsel’s letter to the Union was before me, instructing the Union to discontinue the applicant’s grievance of April 30, 2010 immediately as the applicant wished instead to proceed with her Application. The applicant’s counsel asks that the respondents’ request to defer be dismissed and the Application proceed before the Tribunal.

4The request to defer is dismissed given the information before me. As both parties have indicated a willingness to participate in mediation, a mediation will be scheduled by the Tribunal’s Registrar.

5I am not seized of this matter.