Juan Reyes v. LifeMark Health Management Inc., 2012 HRTO 1798

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Juan Reyes

Applicant

-and-

LifeMark Health Management Inc., Bob Grisdale, Chantal Sands, and Florita Vargas

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: September 20, 2012

Citation: 2012 HRTO 1798

Indexed as: Reyes v. LifeMark Health Management Inc.

WRITTEN SUBMISSIONS

Juan Reyes, Applicant

Self-represented

LifeMark Health Management Inc., Bob Grisdale, Chantal Sands and Florita Vargas, Respondents

Laura Cassiani, Counsel

1The Tribunal has scheduled a summary hearing for February 4, 2013. The applicant asked that the summary hearing be adjourned sine die. The respondents have advised that the applicant has commenced a proceeding before the Ontario Labour Board of Ontario (OLRB) and have requested that the hearing before this Tribunal be deferred until the proceeding before the OLRB is concluded. The respondents advised that the issues before the OLRB are similar to the issues raised in the Application.

2In a Case Assessment Direction dated August 20, 2012, the applicant was asked to indicate whether he agrees that the Application should be deferred. The applicant sent an email stating that he agrees that the Application should be deferred until the OLRB proceeding has concluded.

3The applicant also indicated that he believes that the Tribunal is biased. He proposes that the Tribunal appoint an "independent board or person" to deal with his Application.

ORDER

4The summary hearing scheduled for February 4, 2013 is cancelled. The Tribunal will defer further consideration of the Application until the OLRB proceeding is concluded.

5Rule 14.4 of the Tribunal's Rules of Procedure provides that where an Application is deferred pending the outcome of another legal proceeding, a request to proceed must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

6The Tribunal does not have any authority to appoint another board or person to decide Applications brought under the Code. Any continuing concerns about bias or other procedural matters may be raised at such time as the Application is reactivated.