Lanis v. MaxIT Healthcare Inc., 2016 HRTO 144

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Peter Lanis

Applicant

-and-

MaxIT Healthcare Inc.

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel
Date: February 1, 2016
Citation: 2016 HRTO 144
Indexed as: Lanis v. MaxIT Healthcare Inc.

WRITTEN SUBMISSIONS

Peter Lanis, Applicant

Self-represented

1This Interim Decision addresses the applicant’s request to reactivate this Application.

2In his Application, the applicant alleged that the respondent discriminated against him because he is a Canadian citizen, contrary to the Human Rights Code, R.S.O. 1990 c. H.19, as amended (the “Code”). The applicant also filed a civil claim against the respondent arising out of the same facts.

3By Interim Decision, 2015 HRTO 315, the Tribunal deferred consideration of the Application pending the conclusion of the applicant’s civil claim against the respondent.

4On January 4, 2016, the applicant filed a Request for Order During Proceedings (“Request”) in which he sought to reactivate his Application. In his Request, he stated that the Application should be re-activated due to lack of movement in his civil claim.

5The respondent did not respond to the applicant’s re-activation request.

6I find that it is not appropriate to reactivate the applicant’s Application since the Application has been deferred pending the completion of the applicant’s civil claim. I find that the Application should remain deferred pending the completion of the civil claim because both the Application and the civil claim relate to the same set of facts.

7The parties should take note of Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure which outline the process by which an Application may be reactivated at the conclusion of the applicant’s civil claim. As set out in those Rules, any party seeking to reactivate the Application must do so no more than 60 days after the completion of the civil claim.

ORDER

8The Tribunal orders that the Application remain deferred pending the conclusion the applicant’s civil claim against the respondent.