Ari-Pekka Korppi v. Corporation of the City of Thunder Bay, 2012 HRTO 338

Human Rights Tribunal of Ontario

B E T W E E N:

Ari-Pekka Korppi

Applicant

-and-

Corporation of the City of Thunder Bay

Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: February 16, 2012

Citation: 2012 HRTO 338

Indexed as: Korppi v. Thunder Bay (City)

1The Tribunal deferred this Application on the consent of the parties pending the conclusion of a grievance filed with the applicant’s union, the Amalgamated Transit Union, Local 966. That proceeding has now concluded as the grievance was dismissed by a labour arbitrator. The applicant has now filed a Request to proceed under Rule 14.3. The respondent resists reactivation of the Application because the labour arbitration appropriately dealt with the substance of the Application, pursuant to section 45.1 of the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the “Code”). The applicant has not yet been afforded an opportunity to address this issue

2In the circumstances, it is appropriate to grant the Request to proceed, but also to schedule a half-day preliminary hearing by conference call to receive submissions regarding whether the Tribunal should dismiss the Application because another proceeding has appropriately dealt with the substance of the Application.

3Notice of the conference call shall follow this decision.

4I am not seized of this matter.

Dated at Toronto, this 16^th day of February, 2012

”signed by”__________

Douglas Sanderson

Vice-chair