Katherine Sisco v. Dale Brain Injury Services and Neil Hopson, 2012 HRTO 1619

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Katherine Sisco

Applicant

-and-

Dale Brain Injury Services and Neil Hopson

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: August 23, 2012

Citation: 2012 HRTO 1619

Indexed as: Sisco v. Dale Brain Injury Services

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 a previous Interim Decision, 2012 HRTO 661 the Tribunal deferred the Application pending the outcome of a related grievance process.

3The applicant has made a request to reactivate the Application. The union has confirmed in writing by way of letter dated June 14, 2012 that the grievance is resolved.

4It is the respondents' position that the Application should not be reactivated but, rather, it should be dismissed pursuant to s. 45.1 of the Code. In my view, however, the respondent's submissions with respect to s. 45.1of the Code really go to whether the Application should be dismissed by the Tribunal. They are not relevant to whether the Application ought to be reactivated, that is, actively processed by the Tribunal.

5The applicant has made her request in a timely manner and the Tribunal has confirmation that the grievance proceeding has been concluded. Accordingly, the request to reactivate is granted.

6The respondents are entitled to pursue their arguments with respect s. 45.1 of the Code and it is noted that they have filed with the Tribunal a Request for Order During Proceeding asking the Tribunal to dismiss the Application on that basis. However, the parties have agreed to mediation in respect of the Application and in most cases the Tribunal will not address Requests until after mediation has been held.

7Accordingly, the Registrar is directed to canvass dates with the parties for mediation.

8I am not seized.