HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Errol Verasami
Applicant
-and-
1120423 Ontario Limited o/a Comda Advertising Group, Michael Warren, and Susan Kaschuk
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Verasami v. 1120423 Ontario Limited o/a Comda Advertising Group
WRITTEN SUBMISSIONS
Errol Verasami , Applicant
George Leibbrandt Counsel
1120423 Ontario Limited o/a Comda Advertising Group, Michael Warren and Susan Kaschuk, Respondents
Marc Kestenberg, Counsel
1This Interim Decision addresses a request by the applicant that the Application be re-activated. The Application was deferred on consent in January 2013. This followed a Notice of Intent to Defer that the Tribunal issued because the applicant had filed a concurrent civil action based on the same factual background and seeking similar remedies.
2The basis for the request for re-activation is that the civil action is taking too long and has become protracted by the addition of a third party action. The respondent disputes that the action is taking too long and notes that the action is still ongoing and that dates have been set for discoveries.
3It is apparent that the civil action is ongoing. It is very clear that there is a very substantial overlap in the claims made in the Application and the claims made in the civil action. The central issue in both will be the circumstances of the end of the applicant’s employment. These are the reasons that the Tribunal initially sent a Notice of intention to defer the Application. Those reasons have not changed. To the extent that there has been any change, it relates to the complexity of the civil action and the length of time it is taking. In this case, those circumstances do not warrant re-activation of an Application that would necessarily require this Tribunal to adjudicate the exact issues that are before the court in an ongoing civil action.
4The request for re-activation is denied.
Dated at Toronto, this 16th day of December, 2013.
“Signed by”
Brian Cook
Vice-chair