HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lily Burke
Applicant
-and-
City of Toronto, Mary Lynn Johnston and Raki Khalil
Respondents
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Date: September 23, 2014
Citation: 2014 HRTO 1415
Indexed as: Burke v. Toronto (City)
WRITTEN SUBMISSIONS
Lily Burke, Applicant
Self-represented
City of Toronto, Mary Lynn Johnston and Raki Khalil, Respondents
Kerri Kitchura, Counsel
1The applicant filed an Application alleging that the respondent discriminated against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2By Interim Decision, 2013 HRTO 2070, the Tribunal deferred consideration of the Application pending the conclusion of the grievance process with respect to five grievances filed on behalf of the applicant.
3On August 25, 2014, the applicant sought to re-activate her Application stating that she has been waiting too long for her issues to be resolved.
4The respondents opposed the applicant’s request. The respondents indicated that the applicant’s grievances proceeded to Step 3 of the grievance procedure on June 18, 2014. The respondents stated that they anticipated that the applicant’s union would referring all five of the applicant’s grievances to arbitration.
5Since the grievance process is ongoing, I do not find it appropriate to re-activate the Application.
Order
6The Application will remain deferred pending the conclusion of the grievance process.
7The parties’ attention is drawn to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure, which address how the Application may be brought back on before the Tribunal, following conclusion of the arbitral proceeding. In particular, the parties should note that a request to proceed with the Application would have to filed no later than 60 days after the conclusion of the grievance proceeding. The Rules of Procedure are available on the Tribunal’s website, www.hrto.ca under “New Applications”.
Dated at Toronto, this 23rd day of September, 2014.
“Signed by”
Jo-Anne Pickel
Vice-chair