HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
William Thompson
Applicant
-and-
John Erlendson
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Date: December 13, 2010
Citation: 2010 HRTO 2426
Indexed as: Thompson v. Erlendson
WRITTEN SUBMISSIONS
William Thompson, Applicant ) Self-represented
John Erlendson, Respondent ) David Rubin,
) Representative
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In his Application, the applicant advised that there was an application before the Landlord and Tenant Board (“LTB”), but that he was not asking the Tribunal to defer his Application pending the completion of that claim.
2In the Response to this Application, dated October 5, 2010, the respondent states that there is an application before the LTB, and indicates that he is asking the Tribunal to defer the Application pending completion of that other proceeding.
3In his Reply, dated November 15, 2010, the applicant advised that his application before the LTB had been dismissed on September 27, 2010, and that the respondent ought to have been aware that that proceeding was not ongoing at the time he made his request for deferral.
4The applicant indicated that the landlord has a separate application before the LTB, which is ongoing, but that this is for eviction and is not based on the same facts and issues as the Application. The respondent has not attempted to provide any further clarification or otherwise respond to the applicant’s submissions.
5It would appear that the claim on which the respondent based his request to defer is no longer ongoing and, therefore, that it is not appropriate to defer this Application. In the particular circumstances of this case, the most fair, just and expeditious outcome is to proceed with this Application.
6I am not seized of this matter.
Dated at Toronto, this 13th day of December, 2010.
”signed by”__________
Naomi Overend
Vice-chair