Human Rights Tribunal of Ontario
B E T W E E N:
Romi Juneja
Applicant
-and-
Halton Healthcare Services Corporation
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: June 4, 2015
Citation: 2015 HRTO 737
Indexed as: Juneja v. Halton Healthcare Services Corporation
WRITTEN SUBMISSIONS
Romi Juneja, Applicant
Self-represented
Halton Healthcare Services Corporation, Respondent
Laura Cassiani, Counsel
1On January 21, 2015, the Tribunal issued a letter to the parties seeking submissions on the issue of deferral. The respondents take the position that the Application ought to be deferred whereas the applicant takes the position that it should not.
2The 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.
3Applying these principles to this case, I agree with the respondent and find that it is appropriate to defer this Application pending the conclusion of the proceeding that the applicant has initiated under the Public Hospital Act, to the Hospital Board of Directors and any appeal that the applicant may make to the Hospital Professions Appeal and Review Board (“HBARB”). I am of the view that the subject-matter of this Application and those referred to in the other proceeding are identical and may result in inconsistent findings of fact.
4The Tribunal orders that this Application be deferred pending the conclusion of the proceeding referred to above. The Tribunal directs the parties’ attention to Rule 14 which sets out the procedure if a party wishes to proceed with an Application that has been deferred pending the conclusion of another proceeding.
5In the event that the Application is reactivated and the applicant still takes the position that counsel for the respondent is in a conflict of interest then the applicant must file a Request for an Order During Proceeding explaining his position at that time.
6I am not seized.
Dated at Toronto, this 4th day of June, 2015.
“signed by”
Geneviève Debané
Vice-chair