Humphreys v. Burrows Professional Corporation, 2015 HRTO 1463

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Olga Humphreys

Applicant

-and-

Burrows Professional Corporation

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: November 2, 2015

Citation: 2015 HRTO 1463

Indexed as: Humphreys v. Burrows Professional Corporation

1The purpose of this Interim Decision is to determine whether this Application should be deferred pending the resolution of a civil claim commenced by the applicant.

2In her Application, the applicant alleges that the respondent discriminated against her in employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, she alleges that the respondent stopped giving her work following an illness for which she was hospitalized. Amongst other remedies requested, the applicant seeks loss of wages, representing loss of opportunity. She restricts the amount of loss of wages, stating that she waives the excess, and will request the maximum that the Tribunal awards.

3The applicant also filed a civil suit against the respondent in Small Claims Court. In her civil action, she alleges, amongst other things, that she is owed outstanding monies and takes issue that the respondent stopped giving her work following an illness for which she was hospitalized. She seeks, amongst other remedies, damages for loss of income, economic duress and breach of contract. She filed with the Tribunal both her initial civil action as well as her amended civil action.

4The respondent filed a Response denying the allegations against it. It requests that the Tribunal dismiss the Application pursuant to section 46.1 of the Code, and alternatively, defer the Application pending conclusion of the civil claim.

5The applicant opposes dismissal pursuant to section 46.1 of the Code, or deferral.

deferral OF THE APPLICATION

6Section 45 of the Code confirms the Tribunal’s authority to defer consideration of an application. The Tribunal has the jurisdiction to defer proceedings before it, and has applied this discretion where there are parallel legal proceedings between the parties. The Tribunal has stated that deferral is not automatically invoked simply because the parties are involved in other legal proceedings. However, the Tribunal has generally deferred applications where there is an ongoing proceeding involving many of the same underlying facts and/or issues.

7Deferral is ordered to avoid adjudicative duplication and inconsistent results. As well, it should be noted that the Supreme Court of Canada has confirmed that human rights tribunals are not the only decision-makers that can decide human rights issues. See Tranchemontagne v. Ontario (Director, Disability Support Program), 2006 SCC 14. Where parties are engaged in a concurrent legal proceeding in which they are raising many of the same issues before a decision-making body with the authority to make determinations about those issues, the orderly administration of justice favours deferral to the other proceeding. In such circumstances, the Tribunal will generally order the deferral of an application.

8In addition, section 34(11) of the Code bars an applicant from proceeding with an application where he or she has filed a civil proceeding seeking remedies under section 46.1 of the Code.

9In my view, deferral is appropriate in this case due to the overlaps in facts and remedies to the applicant’s claims in each proceeding. Due to these overlaps, there is a significant potential for duplication of evidence and inconsistent findings in the two proceedings. In addition, there is no “maximum” as the applicant asserts, pertaining to remedies that the Tribunal has the jurisdiction to award.

10Accordingly, the Tribunal orders the deferral of the Application pending the conclusion of the civil proceeding before the Small Claims Court and any related appeals.

11It should be noted that, where a party wishes to proceed with an application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure within 60 days after the conclusion of the other proceeding.

order

12For the reasons set out above, this Application is deferred pending the conclusion of the Small Claims Court proceeding in this matter and any related appeals.

13I am not seized with this matter.