Matthew Deveaux v. X-Fitness, 2010 HRTO 507

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Matthew Deveaux

Applicant

-and-

X-Fitness

Respondent

INTERIM decision

Adjudicator: Brian Eyolfson

Date: March 5, 2010

Citation: 2010 HRTO 507

Indexed as: Deveaux v. X-Fitness

1This is an Application filed July 16, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent filed a Response to the Application on November 20, 2009, and the applicant filed a Reply on February 12, 2010.

2The Tribunal has received information indicating that the applicant may have been charged with criminal harassment in relation to the events set out in the Application. It appears that the facts in the criminal proceeding may overlap, perhaps significantly, with the facts alleged by the parties to this Application.

3Section 45 of the Code confirms the Tribunal’s authority to defer consideration of an application. Under Rule 14.1 of the Tribunal’s Rules of Procedure, the Tribunal may defer consideration of an Application, on such terms as it may determine, on its own initiative, or on the request of a party. Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.

4Under Rule 14.2, where the Tribunal intends to defer consideration of an Application, it will first give the parties notice of its intention to consider deferral of the Application and an opportunity to make submissions.

5In the circumstances, the Tribunal seeks submission from the parties on whether or not the Application should be deferred pending the outcome of any criminal proceedings. Accordingly, the respondent may file its submissions with respect to whether the Application ought to be deferred, pending the outcome of any criminal proceedings against the applicant, within 14 days of the date of this Interim Decision. The applicant may file his submissions with respect to the issue of deferral within 21 days of the date of this Interim Decision.

6The parties are directed to copy their submissions to each other, unless to do so would violate any conditions related to the criminal proceedings or any other legal requirements or conditions. If the parties are not able to copy each other on their submissions to the Tribunal, the parties are asked to advise the Tribunal of such a restriction and the Tribunal will share their submissions with the other party (or his or its representative).

7The Tribunal will make a decision regarding whether the Application ought to be deferred once it receives and considers the parties’ submissions on the issue.

8I am not seized of this matter.