Glenn Hedrich v. Ontario (Community and Social Services), 2014 HRTO 576

Human Rights Tribunal of Ontario

B E T W E E N:

Glenn Hedrich Complainant

-and-

Ontario Human Rights Commission Commission

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: April 24, 2014 Citation: 2014 HRTO 576 Indexed As: Hedrich v. Ontario (Community and Social Services)

1This Interim Decision addresses the respondent’s request that the Tribunal dismiss this complaint. The complaint alleged discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) in the special diet allowance provided under Ontario’s social assistance system.

2By letter dated April 11, 2014, the respondent requested that the Tribunal dismiss the complaint because the complainant has filed a claim before the Social Benefits Tribunal (“SBT”) which raises the same issues. The respondent indicated that the complainant is currently pursuing an appeal before the SBT, that the SBT held a summary hearing in writing with respect to his complaint, and that a decision from the SBT is pending.

3Section 43(2) of the Code provides that an application that is within the jurisdiction of the Tribunal shall not be finally disposed of without affording the parties an opportunity to make oral submissions in accordance with the Tribunal’s Rules of Procedure. Therefore, I deny the respondent’s request to dismiss the complaint without a hearing.

4However, I find it appropriate to defer consideration of the complaint pending the outcome of the SBT’s summary hearing.

ORDER

5This complaint is deferred pending the outcome of the SBT’s proceeding. If the complainant wishes to proceed with this complaint, he must advise the Tribunal in writing within 60 days after the conclusion of the SBT proceeding. If the complainant does seek to re-activate his complaint, the respondent may request that the Tribunal dismiss the complaint, in whole or in part, under s. 45.1 of the Code on the basis that the SBT proceeding has appropriately dealt with the substance of the complaint.