HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
C.K.
Applicant
-and-
C[...] inc. and H.S.
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Date: April 20, 2011
Citation: 2011 HRTO 785
Indexed as: C.K. v. C[...] inc.
[1] The purpose of this Interim Decision is to deal with a Request by the respondents that the Tribunal defer consideration of the Application until a criminal matter has been resolved.
[2] The Tribunal issued a Case Assessment Direction on January 24, 2011 asking the parties to provide information about the status of the criminal matter. Only the applicant responded. She advised that to her knowledge, the matter is proceeding to trial in February 2012.
[3] The 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.
[4] When there is a criminal matter proceeding in which the respondent to the Application is charged, the respondent may be prejudiced in the criminal proceedings if required to testify at a Tribunal hearing prior to the trial.
[5] These factors indicate that it is appropriate to defer further consideration of the Application until the criminal proceeding has been concluded or resolved. The Tribunal will defer consideration of the Application until the criminal proceeding has been concluded or resolved.
[6] Where a party wishes to proceed with an application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).
[7] I am not seized of this matter.
Dated at Toronto, this 20th day of April, 2011.
"Signed by"
Brian Cook
Vice-chair