Dalrymple v. St. Jacques Nursing Home, 2012 HRTO 1367

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alison Dalrymple

Applicant

-and-

412506 Ontario Ltd. o/a St. Jacques Nursing Home

Respondent

-and-

Canadian Union of Public Employees, Local 3303

Intervenor

INTERIM DECISION

Adjudicator: David Muir

Date: July 11. 2012

Citation: 2012 HRTO 1367

Indexed as: Dalrymple v. St. Jacques Nursing Home

WRITTEN SUBMISSIONS

Alison Dalrymple, Applicant

Self-represented

412506 Ontario Ltd. o/a St. Jacques Nursing Home, Respondent

Sheri Farahani, Counsel

Canadian Union of Public Employees, Local 3303, Intervenor

No one appearing

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 disability

2In 2012 HRTO 1099 this case was deferred pursuant to section 45 of the Code pending the conclusion of a grievance arbitration which appeared to raise the same or similar facts and issues.

3The grievance arbitration has now concluded and the applicant has filed a Request for Order During Proceeding (Request) seeking to re-activate the Application.

4The respondent has responded to the Request and oppose it but also seek the early dismissal of the Application pursuant to section 45.1 of the Code because they submit, the substance of the Application has been appropriately dealt with in the grievance arbitration.

5The Request to re-activate is granted.

6The Tribunal will schedule a half day hearing by telephone to consider whether or not this Application should be dismissed pursuant to section 45.1 of the Code, because its substance has been appropriately dealt with in the arbitration proceeding and/or a Workplace Safety and Insurance Act proceeding (WSIA). The respondent submits that this issue can be dealt with in writing. The Code and the Tribunal’s Rules provide that an Application that is within the Tribunal’s jurisdiction may not be dismissed unless the parties have been afforded an opportunity to make oral submissions. The applicant has not waived her right to make oral submissions.

Direction

7The Registrar will schedule a half day hearing by telephone for oral submissions on whether or not the Application should be dismissed, in whole or in part, pursuant to section 45.1 of the Code, because the substance of it has been appropriately dealt with in the grievance arbitration and/or the WSIA process. The parties will deliver and file any further documents or cases which they intend to rely upon at the hearing not more than 14 days prior to the scheduled date.