HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Harold Parris
Applicant
-and-
City of Toronto
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Parris v. Toronto (City)
WRITTEN SUBMISSIONS
Harold Parris, Applicant
Self-represented
City of Toronto, Respondent
Kerri Kitchura, Counsel
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 in employment on the basis of disability.
2On April 13, 2011, the Tribunal issued an Interim Decision, 2011 HRTO 686, deferring this matter pending the outcome of a grievance arbitration. The file remains deferred to this date.
3On April 30, 2012, the respondent filed a Request for an Order During Proceedings, asking that the Tribunal dismiss this matter pursuant to s. 45.1 of the Code. The parties were advised by a Case Assessment Direction, dated May 17, 2012, that in order for the Tribunal to address the Request to Dismiss, the Application must be first reactivated. The respondent filed a Request for an Order During Proceedings (Form 10), seeking reactivation that day.
4The applicant filed a Response to the Request for an Order (Form 11) on June 25, 2012. In written submissions, addressing the issue of deferral, the applicant seeks to have the Tribunal place what he says is an outstanding grievance before the arbitrator for determination. The Tribunal does not have the authority to do this. In the absence of any apparent objection to the respondent’s Request, it is appropriate to reactivate this Application.
5As noted above, the respondent has requested that the Tribunal dismiss the Application on the basis of section 45.1 of the Code. Section 45.1 of the Code provides:
The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
6The Tribunal concurs that it is appropriate to hold an in-person hearing to determine whether the grievance proceeding has appropriately dealt with the substance of the Application (section 45.1). The directions below will apply to the hearing. Given the complexity of the matter, the Tribunal orders that the matter be scheduled for one day.
ORDERS
7I make the following orders/directions:
a. the Application is reactivated;
b. a one day in-person hearing on the request to dismiss pursuant to section 45.1 of the Code will be scheduled by the Registrar
c. the following directions will apply to the hearing:
the hearing will address only the question of dismissal pursuant to section 45.1 of the Code;
the respondent should be prepared to proceed first at the hearing; and
any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application or Response must deliver such documents or information to the other parties and file them with the Registrar no more than 21 days prior to the scheduled hearing date.
8I am not seized of this matter.
Dated at Toronto, this 29th day of June, 2012.
“Signed by”
Naomi Overend
Vice-chair```