HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
John Baranyai
Applicant
-and-
Forrest Mechanical Inc. and Nathan Mayers
Respondents
INTERIM decision
Adjudicator: Geneviève Debané
Date: October 20, 2011
Citation: 2011 HRTO 1899
Indexed as: Baranyai v. Forrest Mechanical Inc.
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 August 9, 2010. The Application alleges discrimination in employment on the ground of disability and sex. In the application the applicant indicated that some of the facts in the application are proceeding before the WSIB.
2Though in the original Application the applicant indicated that the Application should not be deferred, on July 21, 2011, he advised the Tribunal by e-mail correspondence, “there is a WSIB Proceeding and I am asking the Tribunal to defer until the matter is settled.”
3On August 9, 2011, the Tribunal issued to the parties a Notice of Intent to Defer and asked the parties to make written submissions on the whether it is appropriate for the Tribunal to defer the application.
4On September 7, 2011, counsel for the corporate respondent filed submissions in support of deferring the Application pending the determination of three different proceedings pursuant to the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A (“WSIA”).
Decision
5The 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.
6Applying these principles to this case, and in light of the consent of the parties it is appropriate to defer this Application pending the conclusion of the proceeding before the Appeals Resolution Officer which is in the process of being scheduled for hearing. Once the Appeals Resolution Officer renders a decision either party can choose to reactivate this Application and the Tribunal will decide whether or not the Application should continue to be deferred based on the circumstances before it at that time.
7The Tribunal directs the parties’ attention to Rule 14 of the Tribunal’s Rules of Procedure which sets out the procedure if a party wishes to proceed with an application that has been deferred pending the conclusion of another proceeding.
8I am not seized of this matter.
Dated at Toronto, this 20th day of October, 2011.
“Signed by”
Geneviève Debané
Vice-chair