Estate of Terry Warling v. Ontario (Community Safety and Correctional Services), 2016 HRTO 1691

Human Rights Tribunal of Ontario

B E T W E E N:

Estate of Terry Warling

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: December 29, 2016

Citation: 2016 HRTO 1691

Indexed as: Warling Estate v. Ontario (Community Safety and Correctional Services)

APPEARANCES

Estate of Terry Warling, Applicant

Betty Warling, Representative

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Respondent

Susan Munn, Representative

1This Interim Decision addresses the applicant’s request to re-activate this deferred Application.

2The applicant filed an Application alleging that the respondent discriminated against him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Tribunal deferred consideration of the Application due to an ongoing overlapping grievance filed by the applicant Terry Warling’s union.

3On September 12, 2016, the applicant’s union entered into a settlement with the respondent. By this date, the applicant Terry Warling had unfortunately passed away. On November 17, 2016, the representative of Terry Warling’s estate sought to re-activate the deferred Application.

4The respondent opposed the request to re-activate on the basis that the substance of the Application has been appropriately dealt with by the settlement and that it would be an abuse of process to proceed with the Application.

5The applicant’s request to reactivate the Application is granted. However, the Tribunal will schedule a preliminary hearing to hear the parties’ submissions on whether the Application should be dismissed under s. 45.1 of the Code or as an abuse of process due to the settlement entered into in this case. Directions relating to the preliminary hearing are contained in the Case Assessment Direction accompanying this Interim Decision.

order

6For the reasons set out above, the applicant’s request to reactivate the Application is granted. However, the Tribunal will schedule a preliminary hearing to hear the parties’ submissions on whether the Application should be dismissed under s. 45.1 of the Code or as an abuse of process due to the settlement signed by the applicant.

7I am not seized of this matter.