Huntley v. Hydro One Networks Inc., 2015 HRTO 516

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kerrilyn Huntley

Applicant

-and-

Hydro One Networks Inc.

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: April 23, 2015

Citation: 2015 HRTO 516

Indexed as: Huntley v. Hydro One Networks Inc.

WRITTEN SUBMISSIONS

Hydro One Networks Inc., Respondent

Daniel McDonald, Counsel

1The purpose of this Interim Decision is to decide whether the deferred Application should be reactivated.

2On January 8, 2015, the Tribunal deferred the Application pending the conclusion of another proceeding before this Tribunal involving the same parties (File No. 2012-11435-I).

3On March 18, 2015, the Tribunal issued its final Decision in the other proceeding. See Huntley v. Hydro One Networks Inc., 2015 HRTO 347. Neither party filed a Request for Reconsideration of the Decision within the 30-day time limit in the Tribunal’s Rules of Procedure (the “Rules”). See Rule 26.1.

4On March 25, 2015, the respondent filed a Request for an Order During Proceedings (“RFOP”), which requested that the Tribunal reactivate the deferred Application because the other proceeding has concluded. The respondent also requested that the Application be scheduled for a hearing.

5The applicant did not file a Response to the respondent’s RFOP within the 14-day time limit in the Tribunal’s Rules. See Rule 19.6.

6On April 9, 2015, the applicant’s counsel sent the Tribunal a letter, which stated that she was no longer retained by the applicant.

7Rules 14.3 and 14.4 of the Tribunal’s Rules provide that where a party wishes to proceed with an Application which has been deferred, the party must file an RFOP with the Tribunal and deliver it to the other parties within 60 days after the conclusion of the other proceeding.

8In my view, the Application should be reactivated because the respondent has complied with the requirements in Rules 14.3 and 14.4, and the applicant has not opposed its reactivation request.

9Accordingly, the respondent’s request that the Tribunal reactivate the deferred Application is granted.

10In view of the applicant’s failure to respond to the respondent’s RFOP, and the letter from her former counsel, the Tribunal directs her to do the following. Within seven days of the date of this Interim Decision, she shall send the Tribunal’s Registrar and the respondent a letter or an email, which indicates whether or not she intends to proceed with her Application. If she fails to follow this direction, the Tribunal will likely deem the Application to be abandoned and dismiss it.