HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rozza Kovaleva
Applicant
-and-
Olga Pichakchi
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: August 18, 2015
Citation: 2015 HRTO 1101
Indexed as: Kovaleva v. Olga Pichakchi
WRITTEN SUBMISSIONS
Rozza Kovaleva, Applicant
Sajjad A. Najem, Counsel
Olga Pichakchi, Applicant
Timothy M. Duggan, Counsel
1On May 26, 2015, the Tribunal issued Interim Decision 2015 HRTO 681 (the "Interim Decision") which ordered the deferral of this Application pending the conclusion of the civil proceeding before the Small Claims Court and any related appeals.
2On August 5, 2015, the applicant filed a Request in which she asks that the Tribunal reactivate her Application. This Request is opposed by the respondent.
Decision
3Pursuant to Rule 14.4 a Request to reactivate an Application that has been deferred must be filed within 60 days of the conclusion of the other proceeding.
4In this case, I am not satisfied that the applicant's civil proceeding is concluded. In support of her Request to reactivate the applicant included an Order of the Court dated December 24, 2014, which stayed the court action until she provides certain particulars. This Order predates the Interim Decision by over five months. I am of the view that in fact, this Order supports that the applicant's civil claim is still on going and has not been concluded.
5In essence, the applicant's Request to reactivate seeks to reargue the issue of deferral. However, the Tribunal has already determined that it is appropriate to defer the Application and it will not revisit this issue at this time.
Order
6In accordance with the Interim Decision, this Application remains deferred pending the conclusion of the civil proceeding before the Small Claims Court and any related appeals.
7I am not seized.
Dated at Toronto, this 18th day of August, 2015.
"Signed By"
Geneviève Debané
Vice-chair