Brett Ribble v. Peterborough Kia, Brian Norman and Lynn Hill, 2016 HRTO 1661

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brett Ribble Applicant

-and-

Peterborough Kia, Brian Norman and Lynn Hill Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: December 22, 2016 Citation: 2016 HRTO 1661 Indexed as: Ribble v. Peterborough Kia

WRITTEN SUBMISSIONS

Brett Ribble, Applicant Ian Werker, Counsel

Peterborough Kia, Brian Norman and Lynn Hill, Respondent Oliver Cooper, Counsel

1By letter dated June 24, 2015, the Tribunal deferred this Application pending the conclusion of related proceedings before the Workplace Safety and Insurance Board (“WSIB”) and the applicant’s application for long term disability (“LTD”) benefits.

2On November 4, 2016, the applicant filed a Request for an Order During Proceedings seeking an order reactivating the Application. Counsel for the applicant submitted that the WSIB rendered a decision on September 7, 2016 confirming the applicant’s entitlement to Loss of Earning Benefits. Counsel advised that he was seeking an update of the LTD matter.

3On November 15, 2016, the respondent filed a Response to a Request for an Order opposing the request. The respondent submitted that the WSIB decision is subject to an objection and that the deadline to make such an objection in March 7, 2017. The respondent submitted that the LTD matter is before the Ontario Superior Court of Justice and has not been resolved.

4In the circumstances, it appears that the WSIB matter has not been definitively resolved and that the LTD proceeding is ongoing. Accordingly, I find that reactivation is not appropriate and the applicant’s request is denied.

5I am not seized.