Wilbur Nixon v. The Good Neighbours’ Club and Lauro Monteiro, 2012 HRTO 642

Human Rights Tribunal of Ontario

B E T W E E N:

Wilbur Nixon

Applicant

-and-

The Good Neighbours’ Club and Lauro Monteiro

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 28, 2012

Citation: 2012 HRTO 642

Indexed as: Nixon v. The Good Neighbours’ Club

1The applicant filed this Application on November 28, 2011, alleging discrimination in employment on the basis of disability, race, colour, ancestry and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In his Application, the applicant advised that he filed a grievance concerning the same subject matter as his Application which is ongoing. On January 5, 2012, the Tribunal sent the parties a Notice of Intent to Defer, seeking their written submissions on deferral. These submissions were received in early February. Further submissions were received from respondents’ counsel on March 5, 2012, stating the applicant had withdrawn his grievance.

3On March 6, 2012, the Tribunal sent a letter enclosing the Application and the Notice of Intent to Defer and the Canadian Union of Public Employees, Local 2289-05 (“CUPE”), the applicant’s union. CUPE sent in written submissions confirming that on February 9, 2012, it had withdrawn the grievance it had filed on the applicant’s behalf.

4In the circumstances, there does not appear to be a proceeding to which this Tribunal might appropriately defer the Application. Accordingly, the Application will proceed at this time.

5I am not seized of this matter.