Latif Abdul-Rahman v. Children’s Aid Society of Toronto, 2014 HRTO 1177

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Latif Abdul-Rahman Applicant

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: August 7, 2014 Citation: 2014 HRTO 1177 Indexed as: Abdul-Rahman v. Children’s Aid Society of Toronto

1This Application is scheduled for a hearing on August 11, 12 and 13, 2014.

2On August 5, 2014, the applicant requested deferral of the Application pending the conclusion of a civil action for wrongful dismissal that was commenced on July 30, 2014. The respondent objects to the deferral of the Application.

3Section 45 of the Code confirms the Tribunal’s authority to defer consideration of an application. The Tribunal has the discretion to defer proceedings before it, and has applied this discretion where there are parallel legal proceedings between the parties. While deferral is not automatic, it is granted to avoid adjudicative duplication and inconsistent results. The Tribunal has held that some of the factors that may be relevant in deciding whether to defer consideration of an application are the subject matter of the other proceeding, the nature of the other proceeding, the type of remedies available in the other proceeding, and whether it would be fair overall to the parties to defer, having regard to the status of each proceeding and the steps that have been taken to pursue them. See Baghdasserians v. 674469 Ontario, 2008 HRTO 404.

4The Tribunal denies the applicant’s request to defer the Application. The hearing is scheduled to commence on August 11, 2014, and at this point, much of the hearing preparation has been completed. Conversely, the civil claim has just been commenced by the applicant and will not be concluded for some time. It is not fair to the respondent to defer the Application at this stage in the process. The hearing will proceed on August 11, 2014.

5The Tribunal provides the following directions concerning the hearing:

a) The Tribunal will hear the applicant’s evidence on August 11, 2014. It is likely that the applicant’s evidence will not be concluded on this day. It is not necessary for the applicant to have any other witnesses in attendance on August 11, 2014.

b) At the conclusion of the applicant’s evidence, the Tribunal will determine what further witnesses may be called by the applicant.

c) The respondent has requested a dismissal of the Application on a preliminary basis. That request cannot be determined in the absence of evidence and will not be determined in advance of the hearing.

6The parties are advised of the Tribunal’s mediation/adjudication process set out in Rule 15A of the Tribunal’s Rules of Procedure. A copy of the Tribunal’s mediation/adjudication agreement is attached to this Interim Decision for the parties’ review. The Tribunal will offer this process at the commencement of the hearing on August 11, 2014. If the parties agree, the hearing will commence with mediation. If the parties do not consent to mediation/adjudication, the hearing will commence with the applicant’s evidence.