Margaret Labine v. Timmins Police Services Board, 2012 HRTO 923

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Labine

Applicant

-and-

Timmins Police Services Board, The Corporation of the City of Timmins, Richard Laperriere, and Christine Cantwell

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: May 8, 2012

Citation: 2012 HRTO 923

Indexed as: Labine v. Timmins Police Services Board

WRITTEN SUBMISSIONS

Margaret Labine, Applicant ) Self-represented

Timmins Police Services Board, )

The Corporation of the City of ) Rock Foy, Representative

Timmins, Richard Laperriere, and )

Christine Cantwell, Respondents )

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 3, 2012, which acknowledged that the facts of her Application are part of a grievance proceeding that is still in progress, and requested that the Tribunal defer her Application until that proceeding is completed.

2On April 23, 2012, the respondents filed correspondence which consented to the deferral of the Application, and requested that The Corporation of the City of Timmins, Richard Laperriere, and Christine Cantwell be removed as respondents to the Application.

3Section 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.

4The Tribunal’s standard practice is to defer Applications on consent. Accordingly, the Tribunal orders the deferral of the Application pending the conclusion of the grievance proceeding.

5Where a party wishes to proceed with an Application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4). The Tribunal will consider the respondents’ request to remove certain respondents from the Application if and when the Application is reactivated.

6I am not seized of this matter.