Paul Masotti v. Bardon Supplies Limited, 2010 HRTO 583

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Masotti Applicant

-and-

Bardon Supplies Limited Respondent

INTERIM DECISION

Adjudicator: Brian Cook Date: March 17, 2010 Citation: 2010 HRTO 583 Indexed as: Masotti v. Bardon Supplies Limited

1This Interim Decision deals with a request by the respondent to dismiss or defer an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). The Application alleges that the applicant's disability was not accommodated by the respondent and that his employment was terminated because he had filed a claim with the Workplace Safety and Insurance Board (WSIB).

2The Response asks the Tribunal to dismiss the Application on the grounds that the substance of the Application has been dealt with by the WSIB or, in the alternative, that the Tribunal defer consideration of the Application until the WSIB proceeding has been completed.

3The applicant suffered a work-related right wrist injury in October 2004. He received benefits from the WSIB and the WSIB has determined that the applicant has a permanent impairment as a result of the injury. He was offered alternate work and in 2008 was offered work in the respondent's office. In July 2009, he was laid off by the respondent.

4The applicant claimed entitlement to loss of earnings from the WSIB subsequent to the lay off. He also claimed entitlement to benefits for a left wrist and arm condition that he related to the work-related right wrist condition and also entitlement to benefits under the WSIB's psychotraumatic disability policy. These claims were denied by the WSIB and in January 2009, the applicant filed an objection with the Appeals Branch of the WSIB. Neither the Application nor the Response provides any further information regarding the status of the applicant's claim with the WSIB.

5At present there is not enough information to allow the Tribunal to determine whether the Application should be dismissed or deferred. The applicant is directed to provide information regarding the current status of his WSIB claim. In particular, the applicant should indicate whether the WSIB has dealt with the objection that he registered with the WSIB Appeals Branch in January 2009, and if it has not, what the current status of the objection is. If the Appeals Branch has issued a decision, the applicant is directed to provide a copy of the decision. The applicant shall provide this information to the Tribunal and the respondent within two weeks of the date of this decision. By the same date, the applicant may also provide any further submissions on the question of whether the Application should be dismissed or deferred. Within two weeks of its receipt of any information and/or submissions from the applicant, the respondent may make any further submissions about whether the Application should be deferred or dismissed.