McNeil v. Windsor (City), 2011 HRTO 2221

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Laurie McNeil

Applicant

-and-

Corporation of the City of Windsor, Ontario Works Department, Teresa Piruzza, Winnie Lee, Diane Quinn and Theresa Kralovensky

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: December 8, 2011 Citation: 2011 HRTO 2221 Indexed as: McNeil v. Windsor (City)

1The applicant filed an Application with the Tribunal on August 30, 2011, pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of disability.

2In response to question 14(c) of the Application, the applicant indicated that she was requesting the Tribunal defer the consideration of the Application pending the conclusion of another legal proceeding. However, the applicant did not identify the other legal proceeding.

3On October 17, 2011, the Tribunal issued a Notice of Intent to Defer pending the resolution of another legal proceeding dealing with the subject matter of the Application. The Tribunal invited the applicant, the respondent and the applicant’s union, as an affected party, to file submissions as to why consideration of the Application should or should not be deferred.

4No submissions were received from the parties or the affected party.

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). Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.

6Based on the applicant’s narrative, it appears that the applicant is seeking to defer the processing of the Application while the parties discuss a possible resolution to the applicant’s concerns. As there is no other legal proceeding, this does not appear to be an appropriate basis to consider deferral of this Application.

7The Tribunal will process this Application in its normal course.

DIRECTIONS

8The Tribunal directs that a copy of this Interim Decision be delivered to the parties and affected party. The respondents are required to file their Responses (Form 2) within 35 days of the date of this Interim Decision and are further directed to indicate whether or not they are amenable to participating in mediation.

9I am not seized of this matter.