Lisa Milne v. Toronto Police Services Board and Chief of Police, Toronto Police Service, 2012 HRTO 1852

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lisa Milne

Applicant

-and-

Toronto Police Services Board and Chief of Police, Toronto Police Service

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson
Date: September 28, 2012
Citation: 2012 HRTO 1852
Indexed as: Milne v. Toronto Police Services Board

WRITTEN SUBMISSIONS

Lisa Milne, Applicant

Grace Permaul, Counsel

1This is an Application filed on April 18, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination with respect to employment because of disability and reprisal.

2In an earlier Interim Decision dated November 9, 2011, 2011 HRTO 2040, the Tribunal deferred this Application pending the resolution of a grievance.

3On July 19, 2012, the applicant filed a Request for an Order During Proceedings (“Request”) to re-activate her Application. In her Request, the applicant submits that her grievance was scheduled to proceed to arbitration, but she opted not to proceed with the grievance. The applicant also submits that the Request is brought within the 60-day time limit specified in Rule 14.4 of the Tribunal’s Rules of Procedure. Neither the respondent nor the union has filed a Response to the Request and the time for doing so has passed.

4In the circumstances, as the grievance process appears to have concluded, the applicant’s Request to re-activate her Application is granted.

5I am not seized of this matter.