Sangiuliano v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1447

Human Rights Tribunal of Ontario

B E T W E E N:

Tony Sangiuliano Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Dan Stevens and John Cole Respondents

INTERIM DECISION

Adjudicator: Alison Renton Date: August 23, 2013 Citation: 2013 HRTO 1447 Indexed as: Sangiuliano v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Tony Sangiuliano, Applicant Self-represented

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Dan Stevens and John Cole, Respondents Indira Sawh, Counsel

1This is an Application filed 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 ground of disability.

2In a previous Interim Decision, 2011 HRTO 1828, the Tribunal deferred the Application to the completion of the grievance proceedings, including arbitration if any.

3The applicant has recently filed a Request for Order During Proceedings (“RFOP”) requesting that the Tribunal proceed with his Application. He advises that his grievance before the Grievance Settlement Board (“GSB”) has been deferred until spring and summer of 2014 and that the parties are awaiting a ruling from the GSB Vice Chair. The applicant submits that hearing dates before the GSB were held on May 2, 29, June 25 and 26, 2013, his life has been on hold, his medical condition has decreased, and he has no idea of when the hearing will be completed.

4The respondents filed a Response to the RFOP opposing the applicant’s request to re-activate his Application and request that the Tribunal continue to defer it. The respondents submit that they are not aware that there is a delay in the GSB hearing until the spring and summer of 2014. They state that there was a hearing on May 29, 2013, where the corporate respondent raised a number of preliminary issues and that the applicant gave evidence on June 25 and 26, 2013 on matters that were not the subject of any preliminary issue. The parties are waiting for the GSB Vice Chair to issue a decision pertaining to the preliminary issues.

5The GSB hearing is still ongoing, and the parties are awaiting a decision from the GSB Vice Chair. It is unclear whether or not additional hearing dates before the GSB will be scheduled once the GSB Vice Chair issues his or her decision on the preliminary issues. Accordingly, the Tribunal will continue to defer the Application pending the conclusion of the arbitration process and/or the decision from the GSB Vice Chair.

6The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure which outline the procedure by which the Application may be brought back on after the conclusion of the arbitration process. Specifically, the parties’ attention is drawn to Rule 14.4 which requires that the request to proceed be filed no later than 60 days after the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

7I am not seized with this matter.