MacFarland v. Elecompack Systems Inc., 2015 HRTO 1476

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Heidi MacFarland

Applicant

-and-

Elecompack Systems Inc.

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: November 3, 2015

Citation: 2015 HRTO 1476

Indexed as: MacFarland v. Elecompack Systems Inc.

WRITTEN SUBMISSIONS

Heidi MacFarland, Applicant

Angela Browne, Representative

Elecompack Systems Inc., Respondent

Chantel Goldsmith, Counsel

Introduction

1This Interim Decision addresses the respondent’s request to defer this Application pending the conclusion of a proceeding under the Workplace Safety and Insurance Act (“WSIA”).

2In her Application, the applicant alleges that she was discriminated against because of disability contrary to the Human Rights Code, R.S.O. c. H. 19, as amended (the “Code”). In particular, she alleges that her work-related injury was a factor in her termination. She also alleges that her former employer failed to provide reasonable accommodations for her disability and harassed her because of her disability.

3In its Response to this Application, the respondent asked that the Tribunal defer consideration of the Application pending the outcome of a WSIA proceeding. Despite requesting deferral, the respondent did not provide any submissions in support of its request.

4The applicant opposed deferral on the basis that her appeal to a Workplace Safety and Insurance Board (“WSIB”) Appeals Resolution Officer with respect to her entitlement to loss of earnings benefits has already been decided in her favour. The applicant submits that issues raised in any further appeals would not overlap with her Application.

DECISION AND ANALYSIS

5The Tribunal may defer consideration of an application on such terms as it may determine (Rule 14.1 of the Rules of Procedure). Deferral of an application ensures that legal processes dealing with the same issues do not run concurrently. It is not automatically invoked simply because the parties are involved in other legal processes, but is a discretionary measure that the Tribunal exercises on the basis of the circumstances of each case.

6Some of the factors that may be relevant in deciding whether to defer consideration of an application before the Tribunal are: the subject matter of the other proceeding, the nature of the other proceeding, the types of remedies available in the other proceeding and whether it would be fair overall to the parties to defer, having regard to the status of each proceeding.

7Taking these factors into consideration, I find that it is not appropriate for the Tribunal to defer consideration of this Application. As noted, the respondent does not explain why it is requesting deferral in its Response. It appears that the applicant’s appeal to a WSIB Appeals Resolution Officer has been decided. On the basis of the materials before me, it appears that the issues raised in any subsequent appeals made by the applicant would not overlap with the substance of this Application.

8In these circumstances, deferral is not appropriate.

ORDER

9For the reasons set out above, the respondent’s deferral request is denied.

10I am not seized of this matter.