Human Rights Tribunal of Ontario
Between:
Sharon Sywyk Applicant
-and-
Salverda Enterprises Inc. and Shawn Salverda Respondents
Interim Decision
Adjudicator: Geneviève Debané Date: October 9, 2014 Citation: 2014 HRTO 1513 Indexed as: Sywyk v. Salverda Enterprises Inc.
Written Submissions
Sharon Sywyk, Applicant Christine Lundy, Representative
Salverda Enterprises Inc. and Shawn Salverda, Respondents Derek Collins, Counsel
1The Application alleges discrimination with respect to employment because of disability.
2On August 14, 2014, the Tribunal issued a Notice of Intent to Defer the Application pending the conclusion of a proceeding commenced pursuant to the Workplace Safety and Insurance Act (“WSIA”).
3On September 12, 2014, the respondents filed submissions in support of deferral of the Application.
4On September 15, 2014, the applicant filed submissions opposing the deferral of the Application.
Decision
5The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). The Tribunal must consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application.
6Applying these principles to this case, I agree with the applicant that it would not be appropriate to defer this Application pending the conclusion of the proceeding under WSIA. Though I find that the issue that is presently being considered by WSIA does overlap with some of the allegations in the Application, this only appears to relate to events that occurred from January 24, 2014 to February 20, 2014. The other proceeding does not address the allegations from February 21, 2014 to May 4, 2014, including the applicant’s removal from the work schedule. In these circumstances I find that there is insufficient overlap of the events between the two proceedings, I exercise my discretion not to defer the Application.
Direction
7The Tribunal orders:
a. The Tribunal will not defer the Application; and
b. The respondents are directed to file a Form 2, Response to the Application within 35 days of the date of this Interim Decision.
8I am not seized.
Dated at Toronto, this 9th day of October, 2014.
"Signed by"
Geneviève Debané Vice-chair