HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pearletta Webster

Applicant

-and-

Saint Luke’s Place

Respondent

DECISION

Adjudicator: Naomi Overend

Date: August 13, 2015

Citation: 2015 HRTO 1077

Indexed as: Webster v. Saint Luke’s Place

[1] The purpose of this Decision is to determine whether this Application should be dismissed on the basis that it is barred by subsection 34(11) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

[2] The applicant filed this Application on November 26, 2013 alleging discrimination in employment on the basis of colour, race, ethnic origin, disability and family status. This Application was deferred to an ongoing grievance process, but then reactivated once that process was complete.

[3] On April 13, 2015, the applicant filed a Statement of Claim for wrongful dismissal and Code violations. Her statement of claim includes the period of employment covered by her Application, and specifically seeks damages under s. 46.1 of the Code.

[4] The parties were directed to file submissions on whether the Application is barred by s. 34(11) of the Code, which states:

A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or

(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.

[5] The applicant was directed to deliver written submissions by July 30, 2015 and the respondent was to deliver written submissions seven days thereafter. However, the applicant did not file any submissions.

[6] On the face of the pleadings in the civil proceeding, the applicant is barred from continuing her Application before this Tribunal. Her Application is, accordingly, dismissed.

Dated at Toronto, this 13^th^ day of August, 2015.

“Signed by”

Naomi Overend

Vice-chair