J.C. v. Smylie’s Independent Grocers, 2011 HRTO 2189

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

J.C. by his next friend R.C.

Applicant

-and-

Smylie’s Independent Grocers

Respondent

INTERIM DECISION

Adjudicator: Brian Cook Date: December 6, 2011 Citation: 2011 HRTO 2189 Indexed as: J.C. v. Smylie’s Independent Grocers

1This is an Application filed by R.C. on behalf of his minor son on November 16, 2010. The Application alleges discrimination in employment on the basis of disability, age and record of offences, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application was deferred in Interim Decision 2011 HRTO 1941, dated October 27, 2011, because there was a related proceeding underway at the Ontario Labour Relations Board (“OLRB”).

3This Interim Decision deals with the applicant’s request that the Application be re-activated. The applicant advises that he has withdrawn the application at the OLRB and has provided a Withdrawal form that was sent to the OLRB. The reactivation request was received by the Tribunal on November 4, 2011.

4The respondent has not responded to the applicant’s request for re-activation.

5The only reason that the Tribunal deferred the Application was the related proceeding at the OLRB. It appears that there is no longer a proceeding at the OLRB and the Tribunal will accordingly reactivate the Application and continue to process it.

6I am not seized.