Sylvester Larmond v. Bell Technical Solutions Inc., 2012 HRTO 541

1By Interim Decision dated July 4, 2011, 2011 HRTO 1203, the Tribunal directed that this Application be held in abeyance, pending the decision in a related case about whether the respondent’s employment relations fall under provincial jurisdiction. That decision has not yet been released.

2The applicant asks that the matter now move forward on the basis that it has been a year and a half since his Application was filed. The respondent maintains that it falls under federal jurisdiction and asks that the Application remain in abeyance.

3The Tribunal regrets the delay in the release of the decision in the related case, which is causing delay in the applicant’s case. However, in my view it would not be in the interests of justice for this case to move forward when a decision is pending related to the Tribunal’s power to hear the case. Accordingly, the Application will remain in abeyance.