Human Rights Tribunal of Ontario
B E T W E E N:
Robert Fountain Applicant
-and-
Trinity Communication Services Ltd. Respondent
INTERIM DECISION
Adjudicator: Naomi Overend Date: April 18, 2011 Citation: 2011 HRTO 729 Indexed as: Fountain v. Trinity Communication Services
1This Application was filed on September 2, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of disability in respect of employment (“the Application”).
2In his Application, the applicant indicates that he filed a complaint with the Canadian Human Rights Commission (“CHRC”) based on the same facts and issues as those underlying the Application. He submits that there is some confusion about whether his human rights claim against the respondent employer falls within federal or provincial jurisdiction.
3In a previous Interim Decision, 2010 HRTO 2300, the Tribunal deferred this Application pending determination by the CHRC with respect to whether the applicant’s human rights claim falls within federal or provincial jurisdiction. The CHRC has since determined that the matter is not within its jurisdiction and the applicant has filed a Request to proceed under Rule 14.3.
4Although the Request to proceed with this Application was served on the respondent on March 1, 2011, the respondent did not file any response submissions with the Tribunal.
5In the circumstances, the Request to proceed is appropriate and is granted. The parties are asked to advise the Tribunal within 14 days of the date of this Interim decision whether they wish to engage in mediation. If they do not contact the Tribunal or decline to participate in mediation, the Application will be placed in the queue to be scheduled for hearing.
6I am not seized of this matter.
Dated at Toronto, this 18th day of April, 2011.
”signed by”________
Naomi Overend Vice-chair