Lyndi Deschenes v. Alliance iCommunications, 2010 HRTO 2123

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lyndi Deschenes Applicant

-and-

Alliance iCommunications Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin Date: October 21, 2010 Citation: 2010 HRTO 2123 Indexed as: Deschenes v. Alliance iCommunications

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging that the respondent discriminated against the applicant on the basis of sex and pregnancy in respect of employment contrary to the Code.

2This Interim Decision addresses the respondent’s request that the Tribunal defer consideration of this Application.

3In its Response dated August 16, 2010, the respondent asked the Tribunal to defer consideration of this Application pending the conclusion of a claim made under the Employment Standards Act (“ESA”).

4By letter dated September 28, 2010, the Tribunal sought more information from the parties about the ESA proceeding and specifically whether a decision had been made in respect of the applicant’s claim. On October 5, 2010, the respondent advised the Tribunal that the claim had been dismissed in an decision dated September 17, 2010 and provided a copy of that decision as well as other supporting documentation. The applicant did not provide any response to the Tribunal’s letter and the time for doing so has now elapsed.

5The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1). Deferral of an application seeks to ensure that legal proceedings dealing with the same facts or issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.

6In this case, it appears from the material before the Tribunal that the ESA claim has concluded. There is no information from either party that an appeal of that decision has been commenced with the Ontario Labour Relations Board. In the circumstances there is no longer an ongoing proceeding to which the Tribunal can defer. The request to defer is therefore refused.

7The parties have agreed to mediate this Application. The Registrar will therefore schedule a mediation session.

8I am not seized of this matter.