Laura Traynor v. ACS Advanced Cutting Solutions, 2012 HRTO 2340

Human Rights Tribunal of Ontario

B E T W E E N:

Laura Traynor Applicant

-and-

ACS Advanced Cutting Solutions Respondent

INTERIM DECISION

Adjudicator: Judith Keene Date: December 13, 2012 Citation: 2012 HRTO 2340 Indexed as: Traynor v. ACS Advanced Cutting Solutions

WRITTEN SUBMISSIONS

Laura Traynor, Applicant

Sharan K. Basran, Counsel

Introduction

1This is an Interim Decision in respect of an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), and alleging breach of a settlement.

2A hearing in this matter has been scheduled for December 18, 2012. On December 11, 2012, counsel for the applicant filed a Request for an Order During Proceedings ("Request"), asking that the hearing be adjourned and the Application held in abeyance. In view of the circumstances noted below, I will abridge the usual response period for a request to one day, on the assumption that the respondent is in agreement with the Request.

3The materials filed by counsel indicate that the applicant has been working with the respondent to resolve the subject matter of the Application by working out a payment schedule in respect of the monies promised in the Minutes of Settlement. According to the material filed, the respondent has issued an initial twelve cheques from February 2012 to January 2013. All cheques have cashed to date, and the respondent has issued further cheques for monthly payments post-dated from February 2013 to November 2013, at which point the respondent will have paid the sum promised in the Minutes of Settlement.

4In the circumstances, the applicant's Request is granted on the terms suggested by counsel.

ORDER

5This Application will be held in abeyance until December 31, 2013, on the following terms:

a) The December 18, 2012 hearing date is cancelled.

b) The applicant may re-activate the Application if the respondent does not pay the full amount of monies as set out in the Minutes of settlement dated April 15, 2011;

c) The applicant must report to the Tribunal by December 1, 2013 regarding the status of the Application.

d) In the event that all monies are paid by December 1, 2013, the applicant must file a Request to Withdraw before December 31, 2013.