Hongru Cao v. The Ottawa Hospital, 2013 HRTO 1523

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hongru Cao

Applicant

-and-

The Ottawa Hospital

Respondent

Interim Decision

Adjudicator: Ena Chadha Date: September 11, 2013 Citation: 2013 HRTO 1523 Indexed as: Cao v. The Ottawa Hospital

WRITTEN SUBMISSIONS

Hongru Cao, Applicant Self-represented

The Ottawa Hospital, Respondent Raquel Chisholm, Counsel

1This Application was deferred by way of Interim Decision 2013 HRTO 725 pending the conclusion of grievance procedures in relation to the applicant’s two grievances.

2On August 16, 2013, the applicant filed a Request for an Order during Proceedings seeking to add further allegations of reprisal to the Application and also asking that the Tribunal order the respondent to take steps to continue the retainer of an external investigator.

3The respondent filed submissions on August 26, 2013 indicating that, while it disputes the reprisal allegations, it does not object to the request to amend. The respondent strenuously opposes the applicant’s request for an order in relation to the external investigator as outside of the Tribunal's authority. The respondent further notes that the Tribunal should not deal with the applicant’s requests until such time as the Application is reactivated.

DECISION

4There is no information before this Tribunal that the applicant’s grievance proceedings have concluded. As noted in the Interim Decision, this Application is to remain deferred until the grievance process comes to an end.

5Accordingly, the Tribunal may consider the applicant’s requests if and when a request to reactivate is filed in accordance with the Tribunal’s Rules of Procedures (“Rules”). The Interim Decision deferring this Application expressly noted that where a party wishes to proceed with an application which has been deferred, the party must make a request in accordance with Rule 14 of the Tribunal’s Rules.

6Rule 14 outlines the procedure by which a party may seek to bring the Application back on once the conditions set out in the deferral decision have been satisfied. Rule 14.4 states that:

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. (emphasis added)

7Given that the basis for reactivation as set out in the Interim Decision has not been satisfied, the Tribunal will not deal with the applicant’s requests at this time.

8I am not seized of this matter.