Mercer v. W.S. Nicholls Construction, 2016 HRTO 1694

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christine Mercer

Applicant

-and-

W.S. Nicholls Construction and Perry Cossarini

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: December 30, 2016

Citation: 2016 HRTO 1694

Indexed as: Mercer v. W.S. Nicholls Construction

WRITTEN SUBMISSIONS

Christine Mercer, Applicant

Thomas Ford, Representative

Perry Cossarini, Respondent

Peter Hrastovec, Counsel

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 her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Tribunal deferred consideration of the Application due to an ongoing criminal proceeding against the personal respondent. By letter dated October 27, 2016, the personal respondent’s counsel advised the Tribunal that the criminal proceeding has concluded and that his client has been acquitted of the criminal charges laid against him.

3On November 18, 2016, the applicant requested that the Tribunal re-activate her deferred Application. Neither of the respondents opposed this request.

order

4For the reasons set out above, the applicant’s request to reactivate the Application is granted.

5Within 14 days of the date of this Interim Decision, the parties must file with the Tribunal a copy of the court’s decision in the criminal proceeding against the personal respondent.

6Since all parties have agreed to mediation, the Registrar will schedule a mediation in this matter.

7I am not seized.