Morgan v. Priszm LP, 2010 HRTO 1992

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jenny Morgan

Applicant

-and-

Priszm LP and Gwen Jarema

Respondents

interiM DECISION

Adjudicator: Alison Renton

Date: September 29, 2010

Citation: 2010 HRTO 1992

Indexed as: Morgan v. Priszm LP

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), on March 30, 2010 alleging discrimination on the grounds of sex and reprisal in employment.

2The respondents filed a Response denying the allegations. Subsequently, the respondents filed a Request for Order During Proceedings (“RFOP”) dated September 8, 2010 requesting that the Application be dismissed pursuant to section 45.1 of the Code because another proceeding has already determined the issues raised in the Application. The respondent has provided the Tribunal with material pertaining to proceedings under the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), in which an Employment Standards officer appointed under the ESA determined, the respondent submits, the same issues as before the Tribunal.

3The applicant did not file a Response to the RFOP and the time for doing so has passed.

4Section 45.1 of the Code states:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

5Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an Application without affording the parties an opportunity to make oral submissions. Accordingly, the Registrar will schedule a conference call hearing to consider whether the Application should be dismissed as a result of the ESA proceedings.

6If either party wishes to rely on any information that is not currently before the Tribunal (including facts, documents or caselaw), the party has to deliver such material to the other party and file it with the Tribunal within 21 days of the date of this Interim Decision.

7I am not seized with this matter.