HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Andreas Kentros
Applicant
-and-
Ballantry Homes Limted
Respondent
INTERIM DECISION
Adjudicator: Douglas Sanderson
Indexed as: Kentros v. Ballantry Homes Limited
WRITTEN SUBMISSIONS
Andreas Kentros, Applicant
Guy Farrell, Counsel
1In a previous Interim Decision, Kentros v. Ballantry Homes Limited, 2012 HRTO 782, the Tribunal deferred this Application pending the conclusion of two related civil actions commenced by the applicant.
2On November 14, 2014, the applicant filed a Request for an Order During Proceedings seeking reactivation of the Application because the Superior Court Action to which the Application was deferred has been settled. The respondent did not respond to the request and the time for doing so has passed.
Decision
3The request is denied. The Interim Decision deferring this Application stated that the Application was deferred pending the conclusion of both related civil actions. The materials filed with the request to reactivate indicate that one of the actions, a negligence claim, has been settled, but provide no information regarding the other action, which is against the respondent and its insurer. In these circumstances, I cannot conclude that both actions are concluded. Consequently reactivation is not appropriate at this time.
4The request is denied.
Dated at Toronto, this 16th day of December, 2014.
“Signed by”
Douglas Sanderson
Vice-chair