HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mona Fray on behalf of Leemore Fray
Applicant
- and-
Wal-Mart Canada Corp.
Respondent
INTERIM decision
Adjudicator: Brian Cook
Date: November 10, 2011
Citation: 2011 HRTO 2045
Indexed as: Fray v. Wal-Mart Canada
1The purpose of this Interim Decision is to determine if the Tribunal should defer further consideration of the Application pending the resolution of a process currently before the Workplace Safety and Insurance Board (“WSIB”).
2The Tribunal has accepted an Application for processing. The Application is filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), and is brought by Mona Fray on behalf of Leemore Fray, in accordance with section 34(5) of the Code. The Application alleges discrimination in employment on the basis of disability.
3The Application has been delivered to the respondent but the respondent has not been required to file a Response because the Tribunal determined that it may be appropriate to defer further consideration of the Application pending the conclusion of a process currently underway before the WSIB.
4The Tribunal issued a Notice of Intent to Defer on August 5, 2011. The applicant filed a Request for an Extension of Time to file submissions and the Tribunal granted the Request and extended the date by which submissions must be received from the parties to October 21, 2011. To date, neither party has filed submissions regarding the Notice of Intent to Defer.
5The applicant is employed by the respondent. According to the Application he experienced left foot problems that meant that he could not wear safety boots. The left foot problems do not appear to result from a work-related injury. The Application alleges that the respondent refused to accommodate this situation and instead reduced the applicant’s hours of work.
6The applicant also sustained a work-related left arm injury. A claim has been established with the WSIB for this injury but the status of the claim is not clear from the Application.
7I find that it is not appropriate to defer further consideration of the Application at this time. It appears that the applicant has two disabilities and that he is alleging an infringement of his Code-protected rights with respect to both the non-work-related foot injury and the work-related arm injury. The status of the claim before the WSIB is not clear and so it is not clear if the WSIB is in fact adjudicating or potentially adjudicating issues that concern the subject-matter of the Application.
8In these circumstances, the Tribunal will continue to process the Application. The respondent is required to file a Response to the Application. The Response must be delivered to the Tribunal within 35 days of the date of this Interim Decision.
9The Tribunal may review the question of whether to defer the Application again if it appears appropriate to do so after the Tribunal reviews the Response.
10I am not seized.
Dated at Toronto, this 10th day of November, 2011.
”signed by”__________
Brian Cook
Vice-chair