Ishmeal Brenyah v. In Transit Personnel Inc., 2016 HRTO 1566

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ishmeal Brenyah Applicant

-and-

In Transit Personnel Inc. Respondent

INTERIM DECISION

Adjudicator: Jennifer Khurana
Date: December 6, 2016
Citation: 2016 HRTO 1566
Indexed as: Brenyah v In Transit Personnel Inc.

APPEARANCES

Ishmeal Brenyah, Applicant Osborne Barnwell, Counsel

In Transit Personnel Inc., Respondent Mary Kokosis, Counsel

1This Interim Decision determines the applicant’s request to reactivate his deferred Application.

REASONS

2The Tribunal granted the respondent’s request to defer the Application pending the resolution of the applicant’s Workplace Safety and Insurance Board (“WSIB”) claim. The applicant did not object or respond to the request to defer the Application.

3The applicant filed a Request for an Order During Proceedings (“Request”) seeking to reactivate the Application on the basis that his legal representative did not respond to the request to defer the Application. The applicant submits that it was only upon receiving the Tribunal’s correspondence advising that the Application had been deferred that his legal representative realised that no submissions had been made opposing the request. The applicant had previously filed a Request for Reconsideration of the Tribunal’s decision to defer the Application and was advised by the Tribunal to file a Form 10 Request if he wished to reactivate the Application.

4The respondent opposes the Request. It advises that the WSIB proceedings are ongoing, that there is an overlap in the issues, and that reactivating the Application could result in inconsistent findings. A copy of an October 27, 2016 letter from the WSIB confirming the ongoing nature of the proceedings was appended to the response to the Request.

5The Request to reactivate the Application is denied. It would appear that the WSIB process has not yet concluded and I am not satisfied that there is any basis to reactivate the Application at this time.

6The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process. Where a party wishes to proceed with an Application which has been deferred, the party must file a Request within 60 days after the conclusion of the other proceeding. The Tribunal’s Rules of Procedure and Forms can be found on its website at www.sjto.gov.on.ca/hrto/.

7I am not seized.

ORDER

8The applicant’s Request to reactivate the Application is denied.