Hurd v. Mann Lawyers LLP, 2015 HRTO 767

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Hurd

Applicant

-and-

Mann Lawyers LLP, Jonathan Wright, and Heather Austin-Skaret

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: June 9, 2015 Citation: 2015 HRTO 767 Indexed as: Hurd v. Mann Lawyers LLP

1This Application filed on February 3, 2015, alleges discrimination with respect to goods, services and facilities on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents made a request that the Application be deferred pending the outcome of the complaint to the Law Society of Upper Canada (“LSUC”) filed against one of the personal respondents.

3On June 2, 2015, the Tribunal received a copy of a decision of the LSUC. The decision indicates that the LSUC has concluded that the issues of the LSUC complaint are the same as those that are to be addressed in this Application. In order to avoid a situation where there are concurrent fact-finding exercises that could result in inconsistent findings, the LSUC has decided to close its file.

ANALYSIS

4Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently, avoiding the possibility of inconsistent decisions on facts or law. With the closing of the LSUC complaint, there is no longer the risk of a concurrent proceeding that could make a finding that is inconsistent decision with the Tribunal’s decision on this Application.

5The Request to defer the Application is therefore denied.

6As both parties have agreed to try mediation, the Tribunal shall proceed to schedule mediation.

ORDER

7The respondents’ request to defer the Application is denied.

8The Tribunal shall proceed to schedule mediation.

9I am not seized of this matter.