Haig v. Mount Dennis Medical Group, 2014 HRTO 707

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bruna Haig

Applicant

-and-

Mount Dennis Medical Group and Marianne Hatherley

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: May 20, 2014

Citation: 2014 HRTO 707

Indexed as: Haig v. Mount Dennis Medical Group

1This is an Application filed under section 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 sex and reprisal.

2The Application was deferred by Interim Decision dated February 25, 2014 (2014 HRTO 258) pending the conclusion of a claim the applicant filed under the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”).

3The applicant filed a Request for Order During Proceedings (“RFOP”) seeking to re-activate her Application. She submits that her ESA complaint is now closed and provided a copy of a decision by an employment standards officer (“ESO”) denying her complaint. The decision is dated February 6, 2014.

4The respondent filed a Response to the RFOP opposing re-activation. It also filed a RFOP requesting that the Tribunal dismiss the Application pursuant to section 45.1 of the Code on the basis that the ESA proceeding appropriately dealt with the substance of the Application.

5The applicant has not filed a Response to the RFOP and the time for doing so has elapsed.

re-activation

6As the ESA proceeding has concluded, and the applicant’s request was made within the 60 day time limit required by rule 14.4 of the Tribunal’s Rules of Procedure, the Application is re-activated.

section 45.1

7Section 45.1 of the Code states as follows:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

8In this case, it is appropriate to schedule a conference call hearing to hear the parties’ submissions on whether or not the Application should be dismissed pursuant to section 45.1 of the Code in light of the ESO’s decision.

9The Tribunal will issue correspondence to the parties providing details for the conference call hearing.

10I am not seized with this matter.