HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ireta Hall Applicant
-and-
City of Ottawa – Garry Armstrong Long Term Care Home and Diana Johnston Respondents
-and-
Ottawa-Carlton Public Employee’s Union, CUPE Local 503 Intervenor
INTERIM DECISION
Adjudicator: Jay Sengupta Date: December 23, 2010 Citation: 2010 HRTO 2535 Indexed as: Hall v. Ottawa (City)
1In a previous Interim Decision, 2010 HRTO 1244, the Tribunal deferred this Application pending the conclusion of a related grievance. That proceeding has now concluded and the applicant has now filed a Request to Proceed under Rule 14.3.
2The union has not filed a response to the applicant’s Request to Proceed. The respondents have filed a response and do not oppose the Request to Proceed. However, they have filed a Request for Order seeking dismissal of the Application on the basis that it would constitute an abuse of process to allow it to proceed as the substance of the matters before the Tribunal have been wholly resolved by Minutes of Settlement entered into and signed by both the applicant and the intervenor union.
3Neither the applicant nor the union have filed Form 11s in response to the Request for Order and the time for doing so has now passed.
4In the circumstances, the request to proceed is appropriate and is granted. The Registrar shall schedule a conference call to hear submissions from the parties and the intervenor on the issue raised by the respondents in their Request for Order.
5If the parties wish to rely on caselaw that supports their position, the material must be sent to each other and filed with the Tribunal no later than two weeks before the date scheduled for the conference call.
6I am not seized of this matter.
Dated at Toronto, this 23rd day of December, 2010.
”signed by”____________
Jay Sengupta Vice-chair