Human Rights Tribunal of Ontario
B E T W E E N:
John McReynolds
Applicant
-and-
Union Gas Limited
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: McReynolds v. Union Gas Limited
WRITTEN SUBMISSIONS
John McReynolds, Applicant
Christine Lundy, Representative
Union Gas Limited, Respondent
Mathew Demeo, Counsel
1This Application alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The respondent has requested that the Tribunal defer the Application pending the conclusion of the applicant's appeal to the Ontario Labour Relations Board (the "OLRB") in which he raises the issue of various reprisals pursuant to the Employment Standards Act, 2000. The applicant opposes the deferral of the Application.
Decision
3The Tribunal may defer consideration of an Application on such terms as it may determine, on its own initiative or at the request of a party (Rule 14.1). Deferral of an Application seeks to ensure that proceedings dealing with the same facts or issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law. The Tribunal will generally defer an Application where there are ongoing proceedings before the OLRB based on the same facts and issues. However, the Tribunal must also consider whether deferral is the most fair, just and expeditious way of proceeding with the Application.
4Having considered this matter I find that the Application and the proceedings before the OLRB overlap significantly. I am of the view that proceeding with the Application at the Tribunal could very well lead to inconsistent decisions on the facts and/or legal issues raised in the Application and the proceedings before the OLRB. The primary purpose of deferring an Application is to avoid such potential inconsistency. I find that, in all of the circumstances, deferring the Application is appropriate.
5The Tribunal orders that the Application is deferred pending the conclusion of the proceeding before the OLRB. Since the Application is deferred, the Tribunal will not address the respondent's Request for a Summary Hearing at this time.
6The parties' attention is drawn to Rules 14.3 and 14.4 of the Tribunal's Rules of Procedure, which address how the Application may be brought back on before the Tribunal, following conclusion of the proceedings before the OLRB.
Dated at Toronto, this 24th day of April, 2015.
"Signed by"
Geneviève Debané
Vice-chair