Steven McKinnon v. Sheral Young, 2013 HRTO 1022

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steven McKinnon

Applicant

-and-

Sheral Young

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: June 6, 2013 Citation: 2013 HRTO 1022 Indexed as: McKinnon v. Young

1This Interim Decision addresses the applicant’s request to reactivate his Application.

2The Tribunal issued a Case Assessment Direction (“CAD”) on May 8, 2013, to request that the applicant write to the Tribunal, and copy the respondent, to advise if he wished to proceed with the Application. If the applicant wished to proceed, the CAD directed the respondent to respond within two weeks of receiving the applicant’s submissions.

3The applicant e-mailed the Tribunal on May 8, 2013, with a copy to the respondent’s counsel, to confirm he wished this Application to proceed as there were no outstanding applications before the LTB. There was no response from counsel for the respondent within the two-week period after May 8, 2013.

4Rule 14.4 of the Tribunal’s Rules of Procedure states:

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.

5The applicant first filed a Request to reactivate within the 60 days required.

6The respondent did not oppose the applicant’s request to reactivate the Application.

7In the circumstances of this case, the Tribunal orders that the applicant’s application be reactivated.

8I am not seized.