Andrew Robson v. Region of Waterloo Police Services Board, 2015 HRTO 1681

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Robson

Applicant

-and-

Region of Waterloo Police Services Board

Respondent

INTERIM DECISION

Adjudicator: David Muir Date: December 14, 2015 Citation: 2015 HRTO 1681 Indexed as: Robson v. Region of Waterloo Police Services Board

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. The Application was filed on December 3, 2012.

2In a Case Assessment Direction issued on February 12, 2013 this Application was deferred pending the conclusion of proceedings under the Police Services Act, R.S.O. 1990, c. P.15, relating to misconduct charges laid against the applicant have concluded. It was noted at the time that the Police Services Act proceeding would commence after related criminal proceedings were concluded.

3The Tribunal concluded at the time that there appeared to be a substantial overlay between the issues raised in the Application and the issues that will be dealt with in the Police Services Act proceeding.

4On November 17, 2015 the applicant filed a Request for an Order During Proceedings (“Request”) seeking to reactivate the Application. The applicant provided no reasons for the Request.

5The respondent opposes the Request on the basis that the Police Services Act proceeding had not concluded. The respondent has advised that the criminal proceedings have concluded and the Police Services Act proceedings are set to commence.

6I am not satisfied based on the material before me that it would be appropriate to reactivate the Application given that the proceedings to which it was deferred have not concluded.

7The parties are reminded of Rule 14 of the Tribunal’s Rules of Procedure which sets out the steps to take to request the re-activation of the Application after the Police Service Act proceeding has concluded.