Jones v. Ontario (Community Safety and Correctional Services), 2015 HRTO 1234

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Clare Jones

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services and Dale Dutka

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: September 16, 2015 Citation: 2015 HRTO 1234 Indexed as: Jones v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Clare Jones, Applicant Self-represented

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services and Dale Dutka, Respondents Indira Sawh, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On April 13, 2015, the Registrar issued a Notice of Deferral of Application on Consent, which deferred the Application pending the completion of the grievance process.

3On August 27, 2015, the applicant made a Request to Reactivate the Application. The applicant requests the reactivation on the basis that the WDHP internal investigation is completed.

4The respondent opposes the reactivation on the basis that the process for the grievance which is based on the same facts and issues as this Application has not been concluded. The respondent submits that the circumstances of the grievance have not changed since the time when the Application was deferred on consent.

Reactivation

5The Tribunal's Rules of Procedure provide as follows:

14.4 Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

6In light of the fact that the grievance process has not been concluded, I find that there is no basis to reactivate the Application at this time.

Order

5The request to reactivate is denied at this time. The Application remains deferred pending the conclusion of the grievance process.

6I am not seized of the Application.