Human Rights Tribunal of Ontario
B E T W E E N:
Gary Boyles
Applicant
-and-
Metro Ontario Inc. and Dana Jasinski
Respondents
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: Boyles v. Metro Ontario Inc.
1The applicant filed an Application on April 29, 2011, pursuant to section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 (“the Code”), as amended. On July 27, 2011, the Tribunal deferred the Application pending the completion of a grievance process (2011 HRTO 1405). The applicant has now filed a Request to proceed under Rule 14.3.
2The respondent contests the reactivation of the Application. The parties agree that the applicant’s Union refused to refer the matter to an arbitration. The respondent takes the position that the Tribunal should dismiss the Application under s. 45.1 of the Code.
3It is not clear to me that a decision by a Union to refuse to refer a grievance to an arbitration can be properly characterized as a “proceeding” for the purpose of s. 45.1, and the respondent has not addressed this point.
4In the circumstances, the request to proceed is appropriate and is granted.
ORDER
5The respondent, who has not filed a Response, is directed to file its Response no later than 35 days from the date of this Interim Decision. The parties will be offered the usual opportunity for mediation.
6I am not seized of this matter.
Dated at Toronto, this 29th day of June, 2012.
“signed by”
Judith Keene
Vice-chair