HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Manju Patil
Applicant
-and-
The Scarborough Hospital
Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Patil v. The Scarborough Hospital
WRITTEN SUBMISSIONS
Manju Patil, Applicant ) Self-represented
The Scarborough Hospital, Respondent ) Genny Na, Counsel
Ontario Nurses’ Association ) Colin Johnson, Counsel
1On May 18, 2011, the Tribunal sent the parties a letter from the Registrar which deferred the Application pending the conclusion of a grievance proceeding.
2On March 25 and April 11, 2012, the applicant filed Requests for an Order During Proceedings which requested that the Tribunal issue an order to reactivate her deferred Application. In her submissions, the applicant acknowledged that the grievance proceeding is ongoing, and a hearing is scheduled for May 17, 2012.
3On April 3, 2012, the respondent filed a Response which opposed the applicant’s Request to reactivate her Application because the grievance proceeding is ongoing.
4On April 18, 2012, the Ontario Nurses’ Association, which is representing the applicant in the grievance proceeding, but is not a party in the case before this Tribunal, filed a Response which took no position on the applicant’s Request.
5Rules 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 her Application is denied because the grievance proceeding has not concluded.
7I am not seized of this matter.
Dated at Toronto, this 8^th^ day of May, 2012.
“Signed by”
Ken Bhattacharjee
Vice-chair