HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Zanobia Chaudhary
Applicant
-and-
2063849 Ontario Inc. - Hotel Indigo Toronto Airport
Respondent
DECISION
Adjudicator: Mark Hart
Indexed as: Chaudhary v. 2063849 Ontario Inc.
1This Decision is issued further to the Request for Order dated March 14, 2013 and filed by the respondent seeking dismissal of the Application pursuant to s. 34(11) of the Code on the basis of a civil action commenced by Statement of Claim issued October 24, 2012.
2On March 19, 2013, I issued a Case Assessment Direction requesting written submissions from the applicant in response to the respondent’s Request for Order by March 28, 2013.
3By letter dated March 28, 2013, counsel for the applicant in the civil action (who does not represent the applicant in the human rights proceeding) advised that, in light of his instructions to commence the civil action, in light of s. 34(11) of the Code and in light of his client’s instructions, the applicant agrees to withdraw the human rights Application.
4Accordingly, the human rights Application is hereby withdrawn and the Tribunal will close its file in this matter.
5In any event, pursuant to s. 34(11) of the Code, which states that an Application to this Tribunal is barred where an applicant commences a civil action seeking a remedy for an alleged Code infringement, the Application is barred as a result of the civil action, which clearly alleges discrimination because of marital status, gender and pregnancy and seeks a remedy arising out of this alleged discrimination. While the civil action was commenced after the human rights Application already had been filed, s. 34(11) of the Code has been interpreted to apply to situations where the civil action is commenced after the human rights application: see Borden v. Toronto Grace Health Centre, 2010 HRTO 1109; Grogan v. Ontario Human Rights Tribunal, released February 10, 2012 (Divisional Court). Accordingly, the Application is further dismissed as barred by s. 34(11) of the Code.
ORDER
6The Application is dismissed as withdrawn and as barred by s. 34(11) of the Code.
Dated at Toronto, this 3rd day of April, 2013.
“signed by”
Mark Hart
Vice-chair