Human Rights Tribunal of Ontario
B E T W E E N:
Diane Gan Applicant
-and-
District School Board of Niagara Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: February 12, 2015 Citation: 2015 HRTO 201 Indexed as: Gan v. District School Board of Niagara
WRITTEN SUBMISSIONS
Diane Gan, Applicant Self-represented
District School Board of Niagara, Respondent John-Paul Alexandrowicz, Counsel
Introduction
1On June 2, 2014, the Tribunal issued Interim Decision 2014 HRTO 783, which deferred the Application pending the completion of the grievance process.
2On January 20, 2015, the applicant made a Request to reactivate the Application. The applicant in her materials indicates that the matter is on-going, has been referred to arbitration and that there will be at least one further hearing date.
3The respondent opposes reactivation because the grievance process has not been concluded. The respondent indicates that there has already been one hearing date and that a second hearing date is scheduled in October 2015.
Reactivation
4The Rules 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.
5The applicant has filed numerous and lengthy submissions. However, I find that these are not a basis to reactivate the Application.
6In these circumstances, and in light of the fact that the grievance has been referred to arbitration and there is a scheduled hearing, I find that the grievance process has not been concluded.
Order
7The request to reactivate is denied at this time. The Application remains deferred pending the conclusion of the grievance process.
8I am not seized of the Application.
Dated at Toronto, this 12th day of February, 2015.
"signed by"
Geneviève Debané Vice-chair