Excell v. Niagara (Region), 2013 HRTO 1614

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Georgia Excell

Applicant

-and-

Region of Niagara

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: September 25, 2013 Citation: 2013 HRTO 1614 Indexed as: Excell v. Niagara (Region)

WRITTEN SUBMISSIONS

Georgia Lynn Excell, Applicant

Debbie Smith, Representative

Introduction

1The Applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination on the basis of disability in respect of employment. This Interim Decision deals with her Request to re-activate the Application.

2By letter dated August 23, 2011, the Tribunal deferred the Application pending the conclusion of the applicant’s appeal to the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”).

3The applicant filed a request to re-activate her Application on August 26, 2013. She enclosed a decision of the WSIAT dated July 8, 2013 with respect to her appeal. The applicant’s request complies with Rule 14.4 of the Tribunal’s Rules of Procedure which states that requests to re-activate a deferred Application must be filed with Tribunal no later than 60 days after the conclusion of the other proceeding. The respondent did not respond to the applicant’s request.

ORder

4The Tribunal orders as follows:

a. The Application is re-activated.

b. The respondent must file its Response (Form 2) within 28 days of the date of this Interim Decision.

5I am not seized.