Kiss v. ED Industries Ltd., 2011 HRTO 2117

Human Rights Tribunal of Ontario

Between:

Katarina Kiss Applicant

-and-

ED Industries Ltd. Respondent

Interim Decision

Adjudicator: Naomi Overend Date: November 22, 2011 Citation: 2011 HRTO 2117 Indexed as: Kiss v. ED Industries Ltd.

1The applicant filed this Application on August 16, 2010, alleging discrimination in employment on the basis of disability contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant had previously filed a claim with the Workplace Safety and Insurance Board ("WSIB") alleging that the exposure to mould in her work had caused her to develop asthma and dermatitis.

2In a previous Interim Decision, the 2011 HRTO 526, the Tribunal deferred the Application pending the outcome of the WSIB claim's adjudication. The WSIB has since issued its decision on the applicant's claim. Subsequent to that, the applicant filed a timely Request for Order During Proceedings (Form 10) asking to reactivate her Application.

3Although the request to proceed with this Application was served on the respondent on October 19, 2011, the respondent did not file any response submissions with the Tribunal.

4In the circumstances, the request to proceed is appropriate and is granted. The Tribunal shall contact the parties to determine their interest in mediation and otherwise schedule a hearing in this matter.

5I am not seized of this matter.