Flynn v. DGN Marketing Services Ltd., 2013 HRTO 1354

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dianne Flynn Applicant

-and-

DGN Marketing Services Ltd. Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: August 6, 2013 Citation: 2013 HRTO 1354 Indexed as: Flynn v. DGN Marketing Services Ltd.

WRITTEN SUBMISSIONS

Diane Flynn, Applicant Steve Sacco, Representative

DGN Marketing Services Ltd., Respondent Paul Valtas, Representative

1The applicant filed an Application on December 9, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment on the basis of disability. The applicant alleges that she was discriminated against and her employment terminated because she sustained workplace injuries and filed Workplace Safety and Insurance Board claims.

2On July 28, 2011, the Tribunal issued Interim Decision 2011 HRTO 1419 deferring the Application pending the conclusion of a proceeding before the Workplace Safety and Insurance Appeals Tribunal ("WSIAT").

3On May 30, 2013, the applicant filed a request to reactivate the Application on the basis that the WSIAT proceeding was completed and that the applicant's appeal was allowed in part. The applicant was granted a non economic loss benefit award by way of letter dated May 6, 2013.

4No submissions were received from the respondent with respect to the applicant's request to reactivate except for a brief email dated June 3, 3013 stating "Please let us know if a time and date for a hearing/review is to be scheduled. We will plan to be in attendance."

5Based on the materials filed by the applicant, it appears that the WSIAT proceeding is now completed. On that basis, I find that it is appropriate to reactivate the Application.

6The Application is reactivated and will proceed in the Tribunal's normal course.

7I am not seized of this matter.