Gill v. Ontario (Children and Youth Services), 2013 HRTO 1881

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ajit Gill

Applicant

-and-

Connie Griffioen, David Worby, Doug Gilmer, Michael Oliverio, and Rise Mattson

Respondents

a n d B E T W E E N:

Ajit Gill

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Children and Youth Services, Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services, Ann D’Hondt, Anne Stark, Connie Griffioen, Dave Worby, Doug Gilmer, Michael Oliverio, and Rise Mattson

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: November 12, 2013 Citation: 2013 HRTO 1881 Indexed as: Gill v. Ontario (Children and Youth Services)

1The purpose of this Interim Decision is to deal with the applicant’s request to reactivate two deferred Applications, and the respondents’ request to dismiss the Applications on a preliminary basis.

2On October 6, 2010, the Tribunal issued an Interim Decision, 2010 HRTO 2040, which deferred the above Applications pending the completion of a grievance proceeding.

3On October 4, 2013, the applicant filed a Request for an Order During Proceedings (“RFOP”), which requested that the Applications be re-activated because the grievance proceeding has now been completed. He attached a copy of a Decision of the Grievance Settlement Board (the “GSB”) dated August 9, 2013.

4On October 16, 2013, the respondents filed a Response to the RFOP, which requested that the Applications be dismissed pursuant to section 45.1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), because, in their view, the proceeding before the GSB has appropriately dealt with the substance of the Applications.

5Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure provide that where a party wishes to proceed with an Application which has been deferred, the party must file an RFOP with the Tribunal and deliver it to the other parties within 60 days after the conclusion of the other proceeding, and must include a copy of the decision or order in the other proceeding, if any. The applicant has complied with these requirements, and the respondents have not opposed his reactivation request. Therefore, the applicant’s request to reactivate the Applications is granted.

6Section 45.1 of the Code and Rule 22 of the Tribunal’s Rules provide that the Tribunal may dismiss an Application, in whole or in part, if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the Application. Section 43(2) of the Code and Rule 3.5 of the Tribunal’s Rules also provide that an Application that is within the jurisdiction of the Tribunal shall not be finally disposed of without affording the parties an opportunity to make oral submissions. Therefore, the Tribunal’s Registrar will schedule a half-day teleconference to hear oral submissions from the parties on the issue of whether the Tribunal should dismiss the Applications, in whole or in part, because the proceeding before the GSB has appropriately dealt with the substance of the Applications. A Notice of Preliminary Hearing with call-in information will follow from the Registrar’s Office. The parties shall deliver to each other and file with the Tribunal copies of any further written submissions, documents or cases that they intend to rely upon no later than 14 days prior to the teleconference.

7The Tribunal makes the following orders and directions:

1. The applicant’s request to reactivate the Applications is granted.

2. The Tribunal’s Registrar will schedule a half-day teleconference to hear oral submissions from the parties on the issue of whether the Tribunal should dismiss the Applications, in whole or in part, because the proceeding before the GSB has appropriately dealt with the substance of the Applications.

3. The parties shall deliver to each other and file with the Tribunal copies of any further written submissions, documents or cases that they intend to rely upon no later than 14 days prior to the teleconference.

8I am not seized of this matter.