Sabrina Van Hoof v. 6205429 Canada Inc., Robert Skaf and Gaby Khoury, 2010 HRTO 848

Human Rights Tribunal of Ontario

BETWEEN:

Sabrina Van Hoof Applicant

-and-

6205429 Canada Inc., Robert Skaf and Gaby Khoury Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: April 19, 2010 Citation: 2010 HRTO 848 Indexed as: Van Hoof v. 6205429 Canada

1This is an Application filed on May 22, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2By Interim Decision 2009 HRTO 1206 dated August 5, 2009, the Tribunal granted the respondents’ request that the Application be stayed until the completion of a criminal investigation into the allegations of sexual harassment that are the subject of the Application.

3The applicant has provided an email from the Ottawa Police Service (the Police) stating that her complaint against one of the personal respondents “has been concluded.” The email states that “there is not enough evidence to support a criminal charge” against that respondent.

4The respondents submit that the email is unsatisfactory in that it “does not state that the investigation is complete and the file closed.” Counsel for the respondents also states that the correspondence is “unsatisfactory” in that the Police may have information to assist in refuting the allegations before the Tribunal. The respondents request that further information be first obtained from the Police before the matter is re-activated by the Tribunal.

5On the basis of the information before the Tribunal, I see no reason why the Application may not proceed. Whether or not the information gathered by the Police may be of assistance to any party’s position before the Tribunal, it is neither the role of the Tribunal to gather that information nor is it necessary to gather that information for the purpose of deciding whether the Application should be re-activated. As the Ottawa Police Service has confirmed that the criminal investigation is closed, there is no impediment to the Application proceeding at this time.

6The respondents are therefore directed to file a Response to the Application within 35 days of this Interim Decision.

7I am not seized of this matter.