Nohemy Cunningham v. Toronto District School Board, 2012 HRTO 1280

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nohemy Cunningham Applicant

-and-

Toronto District School Board Respondent

INTERIM DECISION

Adjudicator: David Muir Date: June 27, 2012 Citation: 2012 HRTO 1280 Indexed as: Cunningham v. Toronto District School Board

WRITTEN SUBMISSIONS

Nohemy Cunningham, Applicant Self-represented

Toronto District School Board, Respondent Glorie Alfred, 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 her race, place of origin and disability or perceived disability.

2This Interim Decision deals with a Request for Order During Proceedings filed by the applicant on or about May 31, 2012. The nature of the Request is unclear but it does seem to relate to documents at issue in a grievance arbitration to which this Application has been deferred pursuant to section 45 of the Code. The applicant provides no information about why this material is arguably relevant to the issues in dispute in this Application.

3The respondent opposes the Request on the basis that it has already provided all arguably relevant documents in this proceeding.

4I am not satisfied that the material requested by the applicant is arguably relevant to any issues in this case. In fact it appears to relate to the grievance proceeding now underway. Moreover the Application has been deferred pending the conclusion of a grievance arbitration involving the same issues. I am not satisfied that there is any reason to order the production of documents in this Application while it is deferred.

5The Request is denied at this time.