HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jonathan Guider
Applicant
-and-
Craigwood Youth Services, Graham Ashbourne Kathryn Hogan, Lothar Leihman and Sherri Whitman
Respondents
INTERIM DECISION
Adjudicator: Douglas Sanderson
Indexed as: Guider v. Craigwood Youth Services
WRITTEN SUBMISSIONS
Jonathan Guider, Applicant
Self-represented
Craigwood Youth Services, Graham Ashbourne, Kathryn Hogan, Lothar Leihman and Sherri Whitman,
Respondents
Peter Thorup, Counsel
1In a previous Interim Decision, 2009 HRTO 1363, the Tribunal deferred this Application pending the conclusion of a grievance arbitration between the organizational respondent and the applicant’s union, the Ontario Public Service Union, Local 144. That proceeding has now concluded, as a labour arbitrator rendered a decision dismissing most of the grievance. The applicant has now filed a Request to proceed under Rule 14.3. The respondents resist reactivation of the Application because it submits the labour arbitration appropriately dealt with the substance of the Application, pursuant to section 45.1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. Rather, the respondents submit the Tribunal should dismiss the Application. The applicant has not yet been afforded an opportunity to address this issue
2In the circumstances, it is appropriate to grant the request to proceed, but also to schedule a preliminary hearing by conference call to receive submissions regarding whether the Tribunal should dismiss all or part of the Application because another proceeding has appropriately dealt with the substance of the Application.
3Notice of the conference call shall follow this decision. The parties shall deliver to each other and file with the Tribunal copies of any further documents or cases they intend to rely upon no later than 14 days prior to the preliminary hearing.
4I am not seized of this matter.
Dated at Toronto, this 27th day of June, 2012.
“signed by”
Douglas Sanderson
Vice-chair