Donald Sollitt v. Trillium Lakelands District School Board and Canadian Union of Public Employees, 2012 HRTO 2081

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald Sollitt

Applicant

-and-

Trillium Lakelands District School Board and

Canadian Union of Public Employees

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Date: October 31, 2012

Citation: 2012 HRTO 2081

Indexed as: Sollitt v. Trillium Lakelands District School Board

WRITTEN SUBMISSIONS

Donald Sollitt, Applicant

Self-represented

Introduction

1This Interim Decision addresses the applicant’s Request to Re-activate his Application.

2On June 29, 2012, the Tribunal issued a Notice of Intent to Defer the Application indicating that the Tribunal had determined that it might be appropriate to defer consideration of the Application pending the resolution of another legal proceeding dealing with the subject-matter of the Application. The Application indicated that the facts of the Application were part of a duty of fair representation application and an application filed under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, and that both these applications had been consolidated and would be heard by the Ontario Labour Relations Board (“OLRB”) on September 12, 2012.

3On August 20, 2012, the Tribunal issued an Interim Decision, 2012 HRTO 1594, deferring the Application pending the outcome of the applicant’s proceedings before the OLRB. The Interim Decision indicated, pursuant to Rule 14 of the Tribunal’s Rules of Procedure, that any of the parties could request to reactivate the Application pending the conclusion of the proceedings before the OLRB.

4On September 27, 2012, the applicant filed a Request to Reactivate his Application. He provided a copy of an OLRB decision dated September 18, 2012, which determined both of his consolidated applications. The respondents have not filed responses to this request to indicate whether they oppose the request or not.

5I am satisfied, based on the information before me, that the applicant’s proceedings before the OLRB are completed. The Request to Reactivate the Application is granted. The Application will continue in the Tribunal’s process.

6The respondents are directed to file their Responses to the Application within 35 days of receiving this Interim Decision.

7The applicant may file his Reply to the Response within 14 days of receiving the Responses in accordance with the Tribunal’s Rules.

8I am not seized of this matter.

9Dated at Toronto, this 31^st day of October, 2012.