HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Todd St. Aubin
Applicant
-and-
Omega Tool Corp.
Respondent
INTERIM DECISION
Adjudicator: Kathleen Martin
Indexed as: St. Aubin v. Omega Tool Corp.
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”) on May 2, 2012 alleging discrimination with respect to employment on the basis of disability. Among other things, the applicant seeks monetary compensation including severance pay, termination pay and “mental suffering, discrimination general damages”.
2The applicant had indicated that there is a court action based on the same facts as the Application. A copy of the statement of claim dated March 9, 2012 is attached to the Application. The statement of claim is based on the same chain of events set out in the Application. Among other things, the applicant claims damages for wrongful dismissal as a remedy. The applicant requests that the Tribunal defer the Application until the court action is completed.
3On May 30, 2012, the Tribunal issued a Notice of Intent to Defer seeking submissions from the respondent.
4No submissions have been received and the time for doing so has elapsed.
5The Tribunal may defer consideration of an application, on such terms as it may determine on its own initiative or at the request of one of the parties. Deferral is a discretionary measure the Tribunal exercises on the basis of the circumstances in each case considering a number of factors including the subject matter of the other proceeding, its nature, the type of remedies available in the other proceeding and steps that have been taken to pursue it.
6In this case having regard to the material filed and the absence of any objection, I find it appropriate to defer the Application pending the completion of the civil proceeding.
7The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the the process by which the Application may be brought back on after the civil proceeding has been concluded.
8I am not seized.
Dated at Toronto, this 13th day of July, 2012.
”signed by”
Kathleen Martin
Vice-chair