Mills v. BFI Canada Inc., 2012 HRTO 2014

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tyler Mills Applicant

-and-

BFI Canada Inc. and Andre Rondeau Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta Date: October 24, 2012 Citation: 2012 HRTO 2014 Indexed as: Mills v. BFI Canada Inc.

WRITTEN SUBMISSIONS

Tyler Mills, Applicant Self-represented

BFI Canada Inc. and Andre Rondeau, Respondents Kim O’Regan, Counsel

Introduction

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”).

2An earlier Interim Decision of the Tribunal, 2012 HRTO 1183, deferred the Application pending resolution of a related grievance proceeding. The arbitration of that grievance has commenced and a further date is scheduled for February 2013.

3Within 10 days of the Tribunal’s Interim Decision ordering deferral pending the grievance proceeding, the applicant filed a Form 10 seeking to reactivate the Application. The respondents oppose the request.

4The request to reactivate is denied. The grievance proceeding is ongoing and a resumption date for the arbitration hearing has been set.

5The Tribunal’s earlier Interim Decision also required that the respondents file a Response by the earlier of two dates: August 1, 2012 or within two weeks of the arbitrator’s decision. The Tribunal has received a Response, which will be sent to the applicant. The applicant need not file a Reply until two weeks following a decision of this Tribunal reactivating this Application.

6I am not seized.