Rose v. Revera Long Term Care Inc., 2013 HRTO 502

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dianna Rose Applicant

-and-

Revera Long Term Care Inc. Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: March 25, 2013 Citation: 2013 HRTO 502 Indexed as: Rose v. Revera Long Term Care Inc.

WRITTEN SUBMISSIONS

Dianna Rose, Applicant ) Christine Lundy, Representative

Revera Long Term Care Inc., Respondent ) Erin Porter, Counsel

Reasons for Decision

1The purpose of this Interim Decision is to deal with the applicant’s Requests to reactivate and amend her Application.

2On May 17, 2012, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, which alleged that the respondent discriminated against her with respect to employment because of her disability.

3On September 12, 2012, the Tribunal ordered that the Application be deferred pending the conclusion of a proceeding before the Workplace Safety and Insurance Board (the “WSIB”) and any related appeals to the Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”).

4On December 21, 2012, the applicant filed a Request for an Order During Proceedings (“RFOP”), which requested that her Application be reactivated because the WSIB issued an Appeals Resolution Officer Decision on November 22, 2012. She attached a copy of the Decision.

5On January 23, 2013, the respondent filed a Response, which opposed the Request on the basis that it had filed an appeal of the Decision to the WSIAT. The respondent attached a copy of its Notice of Appeal and a confirmation of receipt from the WSIAT.

6On February 19, 2013, the applicant filed a further RFOP, which requested that her Application be amended to include the termination of her employment on December 18, 2012. On March 4, 2013, the respondent filed a Response which consented to the Request.

7The applicant’s Request to reactivate her deferred Application is denied because there is an ongoing appeal before the WSIAT. The applicant’s Request to amend her Application to include the termination of her employment is granted on consent.

8I am not seized of this matter.