Kwan v. Scarborough Hospital, 2010 HRTO 609

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steve Kwan

Applicant

-and-

Scarborough Hospital Birchmount Campus and Scarborough Hospital General Campus

Respondents

Interim DECISION

Adjudicator: Michelle Flaherty

Date: March 22, 2010

Citation: 2010 HRTO 609

Indexed as: Kwan v. Scarborough Hospital

1The applicant filed an Application with the Tribunal pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.10, as amended (the “Code”), alleging discrimination in the area of employment on the basis of reprisal or threat of reprisal.

2On December 29, 2009, the Tribunal issued a Notice of Intent to Defer, indicating that it may be appropriate to defer consideration of the Application pending the resolution of a grievance proceeding. The Tribunal invited submissions from the parties and the Ontario Public Service Employees Union (“Union”) regarding the deferral issue.

3The applicant and the respondents have filed submissions agreeing to a deferral of the application. The Union has not filed submissions and the time for doing so has elapsed.

4In these circumstances, it is appropriate to defer the Application pending the outcome of the grievance proceeding.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4, which outline the procedure by which a party may request that the Application proceed.

6I am not seized of this matter.