HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tammy May
Applicant
-and-
Mill Creek Care Centre and Maureen Pauls
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: May v. Mill Creek Care Centre
WRITTEN SUBMISSIONS
Tammy May, Applicant
Joseph Tascona, Counsel
1This Application was filed on May 30, 2013, under section 34 of Part IV 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. Along with her Application, the applicant provided a copy of a grievance, dated April 29, 2013, alleging discriminatory treatment with respect to her return to work and a failure to accommodate.
2The Application was deferred by way of Interim Decision 2013 HRTO 1362 pending the completion of the grievance procedures.
3On August 23, 2013, the applicant filed a request to reactivate the Application on the basis that a settlement was reached and confirmed by way of letter from the applicant’s union dated August 9, 2013.
4On September 6, 2013, the respondents filed a Response (Form 2) and a Request for Summary Hearing (Form 26), as well as requests, in the alternative, that the Application be dismissed pursuant to section 45.1 of the Code and as an abuse of process and that the individual respondent be removed from the Application.
5On September 24, 2013, the applicant filed a Reply (Form 3) and a Form 10 Request for an Order During Proceedings seeking to amend the Application.
6The grievance is no longer proceeding. In these circumstances, it is appropriate to reactivate the Application. The Tribunal will continue to process the Application.
7The Tribunal will consider the parties’ request and submissions, and may determine any of the issues set out above based on the parties’ submissions, and/or may schedule future steps accordingly.
8I am not seized.
Dated at Toronto, this 22nd day of October, 2013.
“signed by”
Ena Chadha
Vice-chair