HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Donna Aceto
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Attorney General and Workplace Safety and Insurance Board
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: January 16, 2015
Citation: 2015 HRTO 67
Indexed As: Aceto v. Ontario (Attorney General)
WRITTEN SUBMISSIONS
Donna Aceto, Applicant
Self-represented
Workplace Safety and Insurance Board, Respondent
Greg Bullen, Counsel
1This Application alleges discrimination with respect to disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On April 7, 2014, the Registrar, in light of the consent of the applicant and the Workplace Safety and Insurance Board, sent a letter to the parties advising that the Application was being deferred pending the completion of appeals at the Workplace Safety and Insurance Board (“WSIB”).
3On December 9, 2014, the applicant made a Request to reactivate the Application.
4The respondent WSIB opposes reactivation because the WSIB proceedings have not been concluded, since they have not been withdrawn or finally decided.
Reactivation
5The 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.
6The applicant has filed numerous and lengthy submissions. However, she has not identified when and how the WSIB proceedings have concluded, nor has she included any final decision. Though it appears that the applicant is withdrawing her appeal at WSIB, she has not provided the Tribunal with confirmation that she has filed this withdrawal with the WSIB. The WSIB is a separate legal entity, and if it is her intention to withdraw, then this must be done through the WSIB’s processes.
7In these circumstances, and in light of the fact that the applicant has not provided the Tribunal with any written document, including a final decision or confirmation that she has withdrawn her appeal, I find that the other proceeding has not been concluded. Therefore, the applicant’s Request to reactivate the Application is denied.
Order
8The Application to reactivate is denied at this time. The Application shall remain deferred pending the conclusion of the proceedings currently before the WSIB.
9The parties are reminded that any future Request to reactivate must be compliant with Rule 14.
10I am not seized.
Dated at Toronto, this 16th day of January, 2015.
“Signed by”
Geneviève Debané
Vice-chair