HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kazimierz Parda
Applicant
-and-
Tycos Tool & Die, a Division of Magna Exteriors & Interiors Inc.
Respondent
INTERIM DECISION
Adjudicator: Jennifer Scott
Indexed as: Parda v. Tycos Tool & Die, a Division of Magna Exteriors and Interiors Inc.
WRITTEN SUBMISSIONS
Kazimierz Parda, Applicant
Monika Tomaszewska, Representative
Tycos Tool & Die, a Division of Magna Exteriors & Interiors Inc., Respondent
Robert Bayne, Counsel
1This Application alleges discrimination with respect to employment because of place of origin, ethnic origin, disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On February 4, 2011, the Tribunal issued Interim Decision 2011 HRTO 246, which deferred the Application pending the outcome of an appeal before the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”).
3On July 24, 2014, the applicant filed a Request to reactivate the Application (the “Request”) on the basis that the proceedings under the Workplace Safety Insurance Act, 1997, S.C. 1997, c.16, Schedule A, as amended (“WSIA”) have concluded. The respondent acknowledges that the proceedings under the WSIA have concluded.
4The respondents oppose the Request to reactivate on the basis that the applicant is attempting to amend the Application by adding new allegations and expanding his remedies.
5The sole issue that the Tribunal must consider on the Request is whether the other proceeding is concluded. The respondent acknowledges that the proceedings under the WSIA have concluded. Therefore, it is appropriate to reactivate the Application. The Tribunal will continue to process the Application.
6The issue of whether the applicant is attempting to amend the Application by adding new allegations of discrimination and new remedies is not before me. The applicant must file a Request for Order During Proceedings if he wishes to amend his Application. The respondent will then have an opportunity to respond.
Order
7The applicant’s Request to reactivate is granted.
8As both parties have agreed to mediate, the Application will be scheduled for a mediation.
9I am not seized.
Dated at Toronto, this 22nd day of August, 2014.
“Signed by”
Jennifer Scott
Vice-chair