HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
William Colin Fish Applicant
-and-
National Steel Car Limited Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: January 27, 2014 Citation: 2014 HRTO 110 Indexed as: Fish v. National Steel Car Limited
WRITTEN SUBMISSIONS
William Colin Fish, Applicant Frank Crowder, Representative
National Steel Car Limited, Respondent Jane M. Gooding, Counsel
1On October 11, 2012, the Tribunal issued Interim Decision 2012 HRTO 1930 (the “October 2012 Interim Decision”), which deferred the Application pending final determination of the applicant’s claim for LOE benefits under the Workplace Safety and Insurance Act (“WSIA”), including determination of any appeal to WSIAT or the expiry of any time limit for appeal.
2On October 9, 2013, the applicant filed a Request for an Order During Proceedings seeking to reactivate the Application (the “Request to reactivate”).
3On November 29, 2013 the applicant’s representative filed submissions in which he states that the other proceeding is still ongoing because the applicant intends to file an appeal and that the Request to reactivate was filed in error by the applicant.
4On December 20, 2013, the respondent filed submissions in which it takes the position that it is appropriate to defer the Application pending the conclusion of the other proceeding.
DECISION
5In light of the fact that the Request to reactivate was filed in error and the applicant’s representative has made representations to this Tribunal that the applicant intends to initiate an appeal pursuant to WSIA the Tribunal will not reactivate the Application. This Application remains deferred pending final determination of the applicant’s claim for LOE benefits under the WSIA, including determination of any appeal to WSIAT or the expiry of any time limit for appeal.
6In accordance with Rules 14.3 and 14.4, if the applicant wishes to re-activate his Application before this Tribunal following the final determination of his claim for LOE benefits, he must do so by filing a Request for Order in accordance with Rule 19 no later than 60 days after the conclusion of the WSIA proceeding and must include a copy of the final decision or order of WSIB or WSIAT.
7I am not seized.
Dated at Toronto, this 27th day of January, 2014.
“Signed by”
Geneviève Debané Vice-chair