Human Rights Tribunal of Ontario
B E T W E E N:
Sylvie Brochu Applicant
-and-
Micko’s Chip Stand Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty Date: March 28, 2011 Citation: 20011 HRTO 597 Indexed as: Brochu v. Micko’s Chip Stand
1The applicant filed an Application with the Tribunal alleging discrimination in employment on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).
2In essence, the applicant alleges that her disability was a factor in the respondent’s decision to terminate her employment.
3The respondent has filed a Response in which it denies the allegations of discrimination. It also asks that consideration of the Application be deferred pending the outcome of a Workplace Safety and Insurance Board (“WSIB”) matter involving the applicant.
4In regards to the WSIB matter, the respondent states:
There is a case at the WSIB claim #25696282 that has denied her claim, but I believe she is in the process of appealing.
5The applicant has not filed a Reply and the time for doing so under the Tribunal’s Rules of Procedure (“Rules”) has elapsed.
6Section 45 of the Code gives the Tribunal the power to defer an application in accordance with its Rules. The Tribunal will generally defer an application where there is an ongoing proceeding based on the same facts and issues.
7Importantly, the Tribunal will not defer consideration of an application where the other proceeding has reached its conclusion. If the WSIB matter has concluded, it may be appropriate for the Tribunal to consider whether the Application ought to be dismissed pursuant to section 45.1 of the Code because WSIB has appropriately dealt with the substance of the Application.
8Based on the materials filed by the parties, it is unclear whether the WSIB matter is ongoing or whether it has reached its conclusion.
9Within two weeks of the date of this Interim Decision, the applicant must file with the Tribunal and provide to the respondent written submissions regarding the status of the WSIB matter #25696282. She is directed to advise whether this matter is ongoing, including whether there are any ongoing appeal processes. In addition, the applicant is directed to include with her submissions:
a. the complaint filed with the WSIB; and b. any documents regarding the results or conclusion of the WSIB matter.
10The respondent need not take any further steps at this stage of the proceeding. The Tribunal may provide further direction to the parties once it has received the applicant’s written submissions.
11I am not seized of this matter.
Dated at Toronto, this 28th day of March, 2011.
”signed by”____________
Michelle Flaherty Vice-chair