HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Deborah Hannis
Applicant
-and-
Blackadar Continuing Care Centre and Extendicare Assist Management & Consulting Services
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: March 26, 2014
Citation: 2014 HRTO 426
Indexed as: Hannis v. Blackadar Continuing Care Centre
WRITTEN SUBMISSIONS
Deborah Hannis, Applicant
Christine Lundy, Representative
Blackadar Continuing Care Centre and Extendicare Assist Management & Consulting Services, Respondents
Mary Kokokis, Counsel
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.
2On December 19, 2013, the Tribunal issued Interim Decision 2013 HRTO 2105, which deferred the Application pending the conclusion of the WSIB proceeding.
3On January 10, 2014, the applicant made a Request for an Order During Proceedings seeking the reactivation of the Application.
4On February 7, 2014, the respondents filed a Request to dismiss the Application on the basis of s. 45.1 of the Code and that the Application has no reasonable prospect of success. The respondents do not indicate whether they consent or oppose the Request to reactivate.
5The applicant opposes the respondent’s Request to dismiss the Application for a number of reasons including that there has been no “proceeding” as contemplated by s. 45.1.
Request to reactivate
6Having reviewed the materials before me it appears that the proceeding before the WSIB has concluded and that it is appropriate to reactivate the Application. The Tribunal will therefore continue to process the Application.
Request to Dismiss
7With respect to the Request to dismiss it is apparent that there are facts involving the WSIB matters which overlap with the merits of the Application. Having considered the Request to dismiss I do not find that it would be an efficient use of the Tribunal’s resources to schedule a preliminary hearing to determine these issues as it may involve hearing evidence which may also go the merits of the Application. The determination of the issues raised by the respondent should be left to the adjudicator assigned to determine the Application on its merits.
Order
8The Tribunal orders the reactivation of the Application.
Next Steps
9Since both parties have consented the Tribunal shall schedule a Mediation.
10I am not seized.
Dated at Toronto, this 26th day of March, 2014.
“signed by”
Geneviève Debané
Vice-chair