Lumley v. Trillium Lakelands District School Board, 2010 HRTO 1956

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terry Lumley Applicant

-and-

Trillium Lakelands District School Board Respondent

-and-

Canadian Union of Public Employees, Local 997 Intervenor

INTERIM DECISION

Adjudicator: Jennifer Scott Date: September 24, 2010 Citation: 2010 HRTO 1956 Indexed as: Lumley v. Trillium Lakelands District School Board

1This is an Application filed on May 5, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In an earlier Interim Decision, the Tribunal ordered that the Application be deferred pending the conclusion of the applicant’s appeal before the WSIB, including an appeal to WSIAT if made (2010 HRTO 1117). The applicant has sent correspondence to the Tribunal dated June 5, 2010 in which he indicates that he objects to the Interim Decision and requests that the Application be referred back into the system.

2The Code and the Tribunal’s Rules of Procedure do not contemplate or include what is in effect a request to reconsider the Tribunal’s interim decision. Rule 26 sets out the procedure for a reconsideration of a final decision of the Tribunal. The Tribunal’s deferral decision does not constitute a final decision or determination of the Application. As such, the reconsiderations powers do not apply.

3Where a party wishes to proceed with any application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4.). There is nothing in the correspondence received from the applicant to indicate that the WSIB appeals have been concluded.

4I am not seized in this matter.