HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Esther Lawrence
Applicant
-and-
Co-operators Life Insurance Company
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Lawrence v. Co-operators Life Insurance Company
WRITTEN SUBMISSIONS
Esther Lawrence, Applicant
Melvin I. Rotman, Representative
Introduction
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.
2This Interim Decision addresses the applicant’s request to reactivate her Application.
3The Application was last deferred on consent on December 21, 2012, and on August 9, 2013, the Application was withdrawn as against the respondent, SHIP, because the applicant and SHIP had signed a settlement agreement on July 17, 2013.
4The applicant has requested in her Request for an Order During Proceedings (“RFOP”) that the Application be reactivated. The respondent has not responded to the RFOP.
5Rule 14.4 of the Tribunal’s Rules of Procedure states:
14.4 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.
6Although the applicant did not file her Request to reactivate within the 60 days required, she did give notice to the respondent and the Tribunal within that time period, namely on September 20, 2013, that the grievance had been resolved.
7The respondent did not oppose the applicant’s request to reactivate the Application.
8In the circumstances of this case, the Tribunal orders that the applicant’s application be reactivated.
Dated at Toronto, this 4th day of December, 2013.
“Signed By”
Dawn J. Kershaw
Vice-chair