HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ebinehita Okoduwa Applicant

-and-

Husky Injection Molding Systems Ltd. Respondent

INTERIM DECISION

Adjudicator: Alan G. Smith Date: March 16, 2011 Citation: 2011 HRTO 534 Indexed as: Okoduwa v. Husky Injection Molding Systems

WRITTEN SUBMISSIONS

Ebinehita Okoduwa, Applicant ) Self-represented Husky Injection Molding Systems Ltd., ) Lisa Talbot, Counsel Respondent )

BACKGROUND

1The applicant filed an Application with the Tribunal on July 8, 2010, pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination in employment on the basis of disability.

2The respondent filed a Response on October 15, 2010. The respondent requested the Tribunal defer consideration of the Application pending the conclusion of proceedings under the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”).

3The Tribunal issued an Interim Decision on December 7, 2010, 2010 HRTO 2437, deferring the Application pending the conclusion of the ESA proceedings.

4On January 7, 2011, the respondent requested the Tribunal dismiss the Application pursuant to Code s. 45.1 and Tribunal Rule 22 on the basis that the ESA proceedings had concluded and had appropriately dealt with the subject-matter of the Application.

5On January 12, 2011, the applicant filed a Request for an Order During Proceedings requesting reactivation of the Application.

DECISION

6As it appears the ESA proceeding is no longer ongoing the Application is reactivated.

7Section 45.1 of the Code provides that the Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the Application.

8Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties an opportunity to make oral submissions.

9This matter will be scheduled for a one hour conference call to hear submissions on the Request to Dismiss. A Notice of Hearing with call-in information will follow. No later than 14 days prior to the hearing the respondent shall provide a copy to the Tribunal of the November 29, 2010, decision of the Employment Standards Officer dismissing the applicant’s ESA claim. The parties must deliver any additional documents or case law that they want the Tribunal to consider to each other and file them with the Tribunal no later than 14 days prior to the hearing.

10I am not seized.