Aref v. Hamilton-Wentworth Catholic District School Board, 2012 HRTO 431

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Filip (Phil) Aref

Applicant

-and-

Hamilton-Wentworth Catholic District School Board, Angelo Romano, Jim LoPresti, Marcel Castura, Corrado Cipanna, and Debbie Police

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: February 29, 2012

Citation: 2012 HRTO 431

Indexed as: Aref v. Hamilton-Wentworth Catholic District School Board

WRITTEN SUBMISSIONS BY

Filip (Phil) Aref, Applicant ) Self-represented

Hamilton-Wentworth Catholic District ) School Board, Angelo Romano, ) Margot Blight, Counsel Jim LoPresti, Marcel Castura, Corrado ) Cipanna, and Debbie Police, Respondents )

1The purpose of this Interim Decision is to deal with the applicant’s Request to reactivate and amend his Application.

2On August 17, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 1270, which ordered that the Application be deferred pending the conclusion of a grievance proceeding.

3On January 12, 2012, the applicant filed a Request for an Order During Proceedings, which requested that the Tribunal issue orders to reactivate his deferred Application, and amend his Application to include ongoing incidents of discrimination. In his submissions, the applicant acknowledged that the grievance proceeding is ongoing, and an arbitration hearing is scheduled for the late summer of 2012.

4On February 6, 2012, the respondents filed a Response, which opposed the applicant’s Request to reactivate his Application, but consented to his Request to amend his Application. In their submissions, the respondents stated that the applicant’s reactivation Request is premature because the grievance proceeding is ongoing.

5Rule 14.3 and 14.4 of the Tribunal’s Rules of Procedure provide:

14.3 Where a party wishes the Tribunal to proceed with an Application which has been deferred the request must be made in accordance with Rule 19.

14.4 Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

6The applicant’s Request to reactivate his Application is denied because the grievance proceeding has not concluded. The Tribunal will consider the applicant’s Request to amend his Application if and when he files a Request to reactivate his Application in accordance with the Tribunal’s Rules.

7I am not seized of this matter.