Tarjinderjit Ghumaan v. ASCO Manufacturing Limited and Jay Friedman, 2013 HRTO 929

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tarjinderjit Ghumaan Applicant

-and-

ASCO Manufacturing Limited and Jay Friedman Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: May 28, 2013 Citation: 2013 HRTO 929 Indexed as: Ghumaan v. ASCO Manufacturing Limited

WRITTEN SUBMISSIONS

Tarjinderjit Ghumaan, Applicant Cecil Norman, Representative

ASCO Manufacturing Limited and Jay Friedman, Respondents David Rosenfeld, Counsel

1The applicant filed this Application on July 30, 2010, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2By way of Interim Decision 2011 HRTO 875, the Application was deferred pending conclusion of the applicant’s claim under the Workplace Safety and Insurance Act.

3On December 6, 2012, the applicant filed a request asking that the Application be reactivated. The applicant noted that the Workplace Safety and Insurance Appeal Tribunal has not yet made a decision about the applicant’s appeal.

4On December 7, 2012, the respondent filed submissions opposing the applicant’s reactivation request. The respondent submits that the Application should remain deferred because the applicant’s claim under the Workplace Safety and Insurance Act is still proceeding.

5The Interim Decision deferring this Application expressly noted that the matter was deferred until the proceedings under the Workplace Safety and Insurance Act were completed.

6Both parties have noted that the applicant has an outstanding appeal before the Workplace Safety and Insurance Appeal Tribunal and, consequently, it does not appear that the applicant’s claim and proceedings under the Workplace Safety and Insurance Act have concluded. As such, I find the basis for reactivation as set out in the Interim Decision has not been satisfied. I decline to reactive this Application. A request to proceed with a deferred application can only be granted when the other process, upon which the application was deferred, has been completed.

7Accordingly, the applicant’s request to reactivate this Application is denied.

8I am not seized.