Morris v. Morneau Shepell Ltd., 2016 HRTO 238

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeremy Morris

Applicant

-and-

Morneau Shepell Ltd. and The Great West Life Assurance Company

Respondents

-and-

Power Workers’ Union

Affected Party

INTERIM DECISION

Adjudicator: David Muir

Date: February 24, 2016

Citation: 2016 HRTO 238

Indexed as: Morris v. Morneau Shepell Ltd.

1This Application alleges discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On January 13, 2016, the Tribunal issued a Notice of Intent to Dismiss this Application as against Ontario Power Generation (“OPG”) and Morneau Shepell Ltd. (“Morneau”).

3On the same date the Tribunal issued a Notice of Intent to Defer the Application as against Morneau and Great West Life Assurance Company (“GWL”) pending the conclusion of another legal proceeding.

OPG

4The applicant agrees that the Tribunal has no jurisdiction to hear the Application as against OPG and the respondent has requested that it be removed from the Application. No other party made submissions with respect to this issue.

5In the circumstances the respondent OPG is removed from the Application.

Morneau and GWL

6The applicant does not object to the deferral of the Application pending the conclusion of a grievance arbitration raising similar issues. GWL stated that the Application should be deferred and no other party objected to the deferral of the Application.

7The Application is deferred without objection.

8The issue of whether or not the Tribunal has any jurisdiction over this Applicatoin as it relates to Morneau because it may have been filed out of time is not dealt with in this Interim Decision. No party made in submisisons in respect of this issue and it is not plain and obvious on the face of the pleadings that the Application is out of time. This issue can be addressed, if necessary, at a later stage of the proceeding.

Orders

9The respondent OPG is removed as a respondent from the Application.

10The Appliction is deferred pending the conclusion of a grievance arbitration.

11The 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. The other matters raised by the respondent and the affected party will be dealt with by the Tribunal if the Application is brought back on.

12I am not seized of this case.