John Tran v. University Health Network and Daiva Lenauskus, 2013 HRTO 246

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Tran

Applicant

-and-

University Health Network and Daiva Lenauskus

Respondents

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: February 12, 2013

Citation: 2013 HRTO 246

Indexed as: Tran v. University Health Network

1The parties have requested that this matter be deferred pending the outcome of the applicant’s appeal to the Health Professions Appeal and Review Board (“HPARB”). The applicant is appealing the decision of the College of Physicians and Surgeons which deals with the applicant’s allegations against the respondent Daiva Lenauskus.

2Section 45 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) confirms the Tribunal’s authority to defer consideration of an application. Under Rule 14 of the Tribunal’s Rules of Procedure, the Tribunal may, on its own initiative or on the request of a party, defer consideration of an application. Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law. The Tribunal will consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application.

3In this case I am satisfied that it would be fair, just and expeditious to defer this Application. The Application will therefore be deferred pending the completion of the grievance process.

4The Tribunal directs the attention of the parties to Rules 14.3 and 14.4 which outline the procedure and timelines by which a party may seek to bring the Application back on after the conclusion of the HPARB process