HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sandra Samuel
Applicant
-and-
Waterloo Regional District School Board, Michael Weinhart, Linda Kiss, Barry Easter, David Williamson, Rejean Cantin and Tim Wagner
Respondents
INTERIM DECISION
Adjudicator: Judith Keene
Date: March 11, 2011
Citation: 2011 HRTO 498
Indexed as: Samuel v. Waterloo Regional District School Board
WRITTEN SUBMISSIONS
Sandra Samuel, Applicant ) Self-represented
Waterloo Regional District School Board, )
Michael Weinhart, Linda Kiss, Barry Easter, )
David Williamson, Rejean Cantin )
and Tim Wagner, Respondents ) D. Brent Labord, Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”) on November 24, 2010. The Application alleges discrimination with respect to employment on the basis of disability.
2On December 15, 2010, the Tribunal issued a Notice of Intent to Defer under section 45 of the Code and Rule 14.2 of its Rules of Procedure, as it appeared that the applicant had filed a grievance dealing with the subject-matter of the Application. The Custodial and Maintenance Association was notified as an organization that might be affected by the Application.
3The applicant, the respondents, and the Custodial and Maintenance Association were invited to make written submissions on why the Application should, or should not be deferred.
4In their responses, the parties indicated that the grievance procedure had been exhausted, and that there was no ongoing grievance. In these circumstances there is no proceeding to which the Tribunal can defer.
5The respondents shall file their Response (Form 2) within 35 days of the date of this Interim Decision in accordance with the Rules. The Custodial and Maintenance Association has been identified as a potential affected party. It may request leave to intervene in accordance with the Rules.
6The applicant has filed a Request for an Order During Proceedings (“Request”) for production of documents from the Custodial and Maintenance Association. The Custodial and Maintenance Association is not a party to this Application. It is premature to decide disclosure issues at this stage of the proceeding.
7I am not seized of this matter.
Dated at Toronto, this 11th day of March, 2011
”signed by”__________
Judith Keene
Vice-chair