HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Harold Heigh
Applicant
-and-
Ventra Plastics Peterborough
Respondent
-and-
Unifor
Intervenor
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Heigh v. Ventra Plastics Peterborough
WRITTEN SUBMISSIONS
Ventra Plastics Peterborough, Respondent
Doreen Snelling, Counsel
1The Tribunal sent to the parties a Notice of Intent to Defer (the “Notice”) seeking submissions as to whether it is appropriate to defer the Application pending the conclusion of the grievance proceeding.
2The respondent filed submissions advising that the grievance proceeding has concluded and resulted in a settlement between it and the Intervenor. The respondent includes in these submissions a request to dismiss the application because it is duplicative with the grievance process.
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 any party (Rule 14.1 of the Tribunal’s Rules of Procedure). The Tribunal must consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.
4In this case, it is clear that the grievance proceeding has concluded and I find therefore that it is not appropriate to defer the Application. The Tribunal will therefore continue to process the Application.
5The respondent can make its Request to dismiss the Application in its full Response.
DIRECTIONS
6Within 35 days of the date of this Case Assessment Direction the respondent must deliver to the Tribunal a full Form 2 Response addressing the allegations in the Application.
7I am not seized.
Dated at Toronto, this 24th day of April, 2015.
“Signed by”
Geneviève Debané
Vice-chair