Human Rights Tribunal of Ontario
B E T W E E N:
Kim McVeety
Applicant
-and-
Glenile Electric Ltd. and Nile Baker
Respondents
INTERIM DECISION
Adjudicator: Leslie Reaume
Indexed as: McVeety v. Glenile Electric Ltd.
WRITTEN SUBMISSIONS
Kim McVeety, Applicant
Gregory W. J. Robson, Counsel
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex, including sexual harassment and sexual solicitation or advances.
2This Interim Decision addresses the Request for Order by the applicant to defer this Application pending completion of a related criminal trial. The respondent did not provide submissions in relation to the Request.
3The applicant argues that there are overlapping issues associated with the criminal trial in which she is the accused and Mr. Baker, an individual respondent in this proceeding, is one of the Crown’s key witnesses.
4In all the circumstances, including the fact that the respondent does not appear to oppose the deferral request, it appears to the Tribunal that it may be appropriate to defer consideration of the Application, pending completion of the criminal proceeding.
5The 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.
6The Tribunal has deferred applications where there are ongoing criminal proceedings involving the parties, where the applicant or the respondent was the party who was criminally charged. See G.G. v. Image Printing and Signs, 2010 HRTO 1953 and cases cited therein.
7Accordingly, the Tribunal orders the deferral of the Application until conclusion of the criminal proceeding against the applicant. The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which the Application may be brought back before the Tribunal after the criminal proceeding has concluded.
8I am not seized.
Dated at Toronto, this 19th day of June, 2012.
Signed by
Leslie Reaume
Vice-chair