HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Betty Lavallee
Applicant
-and-
Metro Ontario Inc., Brian Burdon, Derik J. McCarthur, Jeff Black, Rob Cullen and Peter Disisto
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Lavallee v. Metro Ontario Inc.
WRITTEN SUBMISSIONS
Betty Lavallee, Applicant
Kate Sellar, Counsel
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.
2In Interim Decision 2011 HRTO 890, the Tribunal deferred the Application pending the conclusion of the applicant’s claim pursuant to the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16.
3On April 8, 2013, the applicant filed a Request for an Order During Proceedings to reactivate the Application on the basis that the claim has been concluded since the Workplace Safety and Insurance Appeals Tribunal rendered a decision on December 17, 2012.
4The respondents have not filed a response to the applicant’s Request to reactivate the Application and the time for doing so has now passed.
DECISION
5Based on the information provided to the Tribunal I am satisfied that the applicant’s claim under the WSIA is concluded. I find that it is appropriate for the Tribunal to reactivate the Application. The Tribunal will continue to process the Application and direct the respondents to file their Responses in accordance with the Rules.
ORDER
6The Tribunal Orders as follows:
a. The applicant’s Request to Reactivate and Proceed with the Application is granted; and
b. The respondents are directed to file with the Tribunal their Responses within 35 days of the date of this Interim Decision.
7I am not seized of this matter.
Dated at Toronto, this 1st day of May, 2013.
“Signed by”
Geneviève Debané
Vice-chair