Stacey Emery v. Omni Facility Canada Corporation and Edward Avila, 2010 HRTO 2473

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stacey Emery

Applicant

-and-

Omni Facility Canada Corporation and Edward Avila

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: December 14, 2010

Citation: 2010 HRTO 2473

Indexed as: Emery v. Omni Facility Canada

1This Interim Decision deals with the applicant’s request to defer her Application until such time as the applicant’s Workplace Safety and Insurance Board (“WSIB”) claim has been completed. The respondents and the union were notified of the applicant’s request on November 12, 2010, but filed no submissions in response.

2In the circumstances of this case, the Tribunal concurs with the applicant’s position that it is appropriate to defer consideration of this Application until the WSIB process is concluded. Accordingly, the Tribunal orders that this Application be deferred pending the conclusion of the determination of the applicant’s claim to the WSIB.

3The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which a party may request, in accordance with Rule 19, the Tribunal to proceed with an application after the conclusion of another process.

4I am not seized of this matter.