Cull v. Alliance Forming Ltd., 2012 HRTO 775

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Cull

Applicant

-and-

Alliance Forming Ltd.

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: April 17, 2012

Citation: 2012 HRTO 775

Indexed as: Cull v. Alliance Forming Ltd.

1This Application was deferred by way of Interim Decision 2011 HRTO 383 pending the conclusion of proceedings involving the parties under the Workplace Safety and Insurance Act 1997, S.O. 1997, c. 16, Sch. A (“WSIA”).

2On March 8, 2012, the applicant filed a Request for Order During Proceedings (“Request”) requesting that the Tribunal reactivate his Application because the Workplace Safety and Insurance Board (“WSIB”) made its decision on April 19, 2011, confirming loss of earning’s benefits. The applicant provided a copy of the decision of the WSIB Appeals Resolution Officer dated April 19, 2011.

3On March 22, 2012, the respondent filed a response opposing the applicant’s Request to reactivate the Application. The respondent argues that the Application should not be reactivated because there is currently an appeal before the Workplace Safety and Insurance Appeal Tribunal (“WSIAT”). The respondent provided copies of various documents, including a WSIAT letter dated January 20, 2012, indicating that appeal process is underway.

DECISION

4The Interim Decision deferring this Application expressly noted that where a party wishes to proceed with an application which has been deferred, the party must make a request in accordance with Rule 14 of the Tribunal’s Rules of Procedure. Rule 14 outlines the procedure by which a party may seek to bring the Application back on once the conditions set out in the deferral decision have been satisfied. Rule 14.4 states that:

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. (emphasis added)

5I note that the WSIB decision which the applicant references in seeking to reactivate his Application was rendered on April 19, 2011. The applicant did not file his Request to reactivate within the 60 days required by Rule 14.4 and the Request was filed almost 11 months after the release of the WSIB decision.

6Notwithstanding concerns as to the timeliness of the applicant’s Request, I find the basis for reactivation as set out in the Interim Decision has not been satisfied.

7The Interim Decision found, at paragraph 13, that deferral was appropriate because there was significant overlap between facts and issues raised in this Application with the WSIA matter. The Interim Decision ordered, at paragraph 14, deferral of the Application “pending the conclusion of the proceedings under the WSIA.”

8Based on the parties’ materials, I decline to reactive this Application. A request to proceed with a deferred application can only be granted when the other process, upon which the application was deferred, has been completed.

9The applicant has not established that the WSIA proceedings are concluded. In fact, the respondent’s submissions indicate that it has an outstanding appeal and that the WSIAT process is on-going.

10Accordingly, the applicant’s request to reactivate his Application is denied.

11I am not seized of this matter.