Donald Osmun v. ING Engineering Inc. and Ian Glenn, 2011 HRTO 1585

Human Rights Tribunal of Ontario

B E T W E E N:

Donald Osmun Applicant

-and-

ING Engineering Inc. and Ian Glenn Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: August 24, 2011 Citation: 2011 HRTO 1585 Indexed as: Osmun v. ING Engineering

1On January 4, 2011, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, which alleged that the respondents discriminated against him with respect to employment.

2On March 7, 2011, the respondents filed a Response, which denied the allegations of discrimination, and requested that the Tribunal dismiss the Application on the basis that the organization respondent’s work falls under federal jurisdiction, or alternatively, defer consideration of the Application pending the conclusion of an Employment Standards proceeding at the Ministry of Labour.

3On April 6, 2011, the applicant filed a Reply, which denied that his Application was outside this Tribunal’s jurisdiction, and opposed the respondents’ request to defer consideration of his Application.

4On May 2, 2011, the Tribunal issued an Interim Decision, 2011 HRTO 826, which requested full written submissions and supporting documentation from the parties on the jurisdiction issue.

5On May 4, 2011, the respondents filed a letter, which withdrew their requests for dismissal of the Application on the basis of jurisdiction and deferral of the Application, and on June 1, 2011, the respondents filed a further letter, which requested that the Tribunal “confirm” that submissions are no longer required.

6In the circumstances, the Tribunal deems the respondents to have accepted that this Tribunal has jurisdiction over the Application, and it will be processed in the normal course by being placed in the queue for scheduling a mediation or a hearing.

7I have noted from the file that the applicant has agreed to try mediation, but that the respondents have not. If the respondents are interested in mediation, they shall contact the Tribunal’s Registrar within one week of the date of this Interim Decision.

8I am not seized of this matter.