Khalid Khalil v. Oakville United Taxi Ltd., 2011 HRTO 1326

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Khalid Khalil

Applicant

-and-

Oakville United Taxi Ltd.

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: July 12, 2011

Citation: 2011 HRTO 1326

Indexed as: Khalil v. Oakville United Taxi Ltd.

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of ancestry, place of origin, citizenship and ethnic origin.

2The Application was delivered to the respondent. The respondent did not file a Response, but instead filed a Request for Order During Proceedings asking the Tribunal to defer further consideration of the Application.

3The applicant is one of a group of five people who have applied to the Ontario Labour Relations Board (“OLRB”) for an order under section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1, Schedule A. The respondent asks the Tribunal to defer further consideration of the Application until the OLRB proceeding is resolved or completed. The respondent notes that two other members of the group who have applied to the OLRB have also filed applications with the Tribunal. In those other cases, the Tribunal has determined that it is appropriate to defer further consideration of those applications until the proceeding before the OLRB has been completed or resolved, because the applications and the proceeding before the OLRB raise similar allegations: Bhatti v. Oakville United Taxi, 2011 HRTO 450 and Wahid v. Oakville United Taxi, 2011 HRTO 1108.

4The Tribunal will generally defer an application where there is an ongoing legal proceeding based on the same facts and issues. In the circumstances of this case, as the unfair labour practice application is based on many of the same facts and issues as the Application and both claims set out similar allegations with respect to unfair dismissal, it is appropriate for the Tribunal to defer consideration of the Application pending the conclusion of the OLRB proceeding.

5Where a party wishes to proceed with an Application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

6If this Application continues to proceed after the conclusion of the OLRB proceeding, pursuant to Rule 1.7(d), the parties may seek to consolidate this Application with the other applications that pertain to the same issues as those raised in this Application.

7I am not seized of this matter.