Ronald Sorochan v. District School Board Ontario North East, 2011 HRTO 197

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ronald Sorochan

Applicant

-and-

District School Board Ontario North East, Ken Ryan, Jo-Anne Plaunt, Linda Knight, Linda Henry and Lynn Olmstead

Respondents

interim decision

Adjudicator: Keith Brennenstuhl

Date: January 27, 2011

Citation: 2011 HRTO 197

Indexed as: Sorochan v. District School Board Ontario North East

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”) on May 4, 2010. This Interim Decision deals with a Request for Order During Proceedings by the respondents to defer consideration of the Application pending the outcome of a grievance.

2The applicant alleges he was dismissed from his employment with the respondent school board because of a disability. He did not file a Reply to the respondents’ Request for Order.

3Pursuant to Rule 14.1 of the Tribunal’s Rules of Procedure, the 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. The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues. However, the Tribunal must also 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.

4I find, based on my review of the grievance material filed by the applicant with his Application and other information provided by the applicant and respondents, that the facts and issues raised by the Application are clearly related to the grievance that is still in progress.

5In these circumstances deferral is appropriate. The Tribunal orders the deferral of the Application pending the conclusion of the grievance.

6Where a party wishes to proceed with an application that 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).

7I am not seized.