Christopher Boucher v. Sifto Canada Corp., 2011 HRTO 1378

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christopher Boucher

Applicant

-and-

Sifto Canada Corp.

Respondent

INTERIM decision

Adjudicator: Sherry Liang

Date: July 25, 2011

Citation: 2011 HRTO 1378

Indexed as: Boucher v. Sifto Canada Corp.

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on June 8, 2011.

2On June 16, 2011, the Tribunal sent a Notice of Intent to Defer the Application to the parties, which advised that they had 30 days to make submissions on the issue of deferral. The applicant filed submissions and case-law, which supported his position that the Application should not be deferred. The respondent did not file any submissions in response to the Notice of Intent to Defer the Application.

3This Interim Decision addresses the issue of whether the Application should be deferred pending the conclusion of two grievances filed by the applicant.

4The Application alleges discrimination in employment on the basis of disability. The terms and conditions of the applicant’s employment are governed by a collective agreement between the respondent and the Communications, Energy and Paperworks Union of Canada (the “Union”). On January 24, 2011, the Union filed two grievances on behalf of the applicant that were eventually referred to arbitration by the Union on February 25, 2011.

5On June 8, 2011, the Union wrote to the respondent to advise that the grievances would be withdrawn, provided that the Human Rights Tribunal of Ontario took jurisdiction with respect to these disputes.

Decision

6The Tribunal may defer consideration of an Application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). The Tribunal must consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application.

7Applying these principles to this case, I agree with the applicant that since the Union is withdrawing the grievances that there is no other legal proceeding dealing with the subject matter of the Application. I therefore order that the Application is not deferred so long as the Union, within five days of the date of this Interim Decision, confirms that has withdrawn the grievances.

8The respondent shall have 35 days from the date of the receipt of the Union’s confirmation of the withdrawal of the grievances to file its response.

9I am not seized of this matter.