Birchall v. Andres, 2012 HRTO 48

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amanda Birchall

Applicant

-and-

Juan Andres

Respondent

interim DECISION

Adjudicator: Leslie Reaume

Date: January 10, 2012

Citation: 2012 HRTO 48

Indexed as: Birchall v. Andres

Written Submissions

Amanda Birchall, Applicant ) Peggy E. Smith, Counsel

Juan Andres, Respondent ) Jehuda J. Kaminer, Counsel

INTRODUCTION

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of sex.

2The Tribunal issued a Case Assessment Direction dated October 4, 2011, directing the parties to file submissions on whether the Application should be deferred pending the completion of the current criminal proceedings against the respondent. The parties were directed to file their submissions within two weeks of the date of the CAD.

3The submissions of counsel for the applicant are dated October 11, 2011. The applicant does not oppose the deferral but requests that this Application not be deferred indefinitely and that the respondent be required take steps to keep the applicant and Tribunal informed of the status of the criminal proceeding.

4Counsel for the respondent filed a letter which simply states that “this matter is before the Criminal Court and this proceeding will be dealt with following the settlement of the criminal case”.

5Section 45 of the Code provides that the Tribunal may defer an Application in accordance with the Tribunal’s Rules of Procedure. Rule 14.1 of the Tribunal’s Rules provides that the Tribunal may defer consideration of an Application, on such terms as it may determine, on its own initiative or at the request of any party. The Tribunal will consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.

ORDER

6Based on the submissions of the parties and given the overlap between the issues in the Application and the criminal proceedings this Application is deferred on the following terms:

a) The respondent will advise the applicant and the Tribunal of the status of the criminal proceeding, including any upcoming dates that are currently scheduled, within seven days of the date of this Interim Decision; and

b) The respondent will advise the applicant and the Tribunal of any change in the status of the criminal proceeding within seven days of the change.

7The Tribunal directs the parties’ attention to Rules 14.3 and 14.4, which outline the process by which the Application may be brought back on before the Tribunal by either party, after the criminal proceedings have concluded.

8I am not seized.