Morris v. Ontario (Health and Long-Term Care), 2016 HRTO 29

Human Rights Tribunal of Ontario

B E T W E E N:

Gayle Anne Morris Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, Primary Health Care Branch Respondent

A N D B E T W E E N:

Gayle Anne Morris Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the minister of Health and Long-Term Care, Primary Care Branch, Laura Pinkney, and Donna McQuillan Respondents

INTERIM DECISION

Adjudicator: Alison Renton Date: January 7, 2016 Citation: 2016 HRTO 29 Indexed as: Morris v. Ontario (Health and Long-Term Care)

WRITTEN SUBMISSIONS

Gayle Anne Morris, Applicant William Florence, Counsel

Her Majesty the Queen in Right of Ontario as Represented by the Minister of Health and Long-Term Care, Primary Health Care Branch, Respondent Caroline Cohen, Counsel

1This Interim Decision addresses the issue of consolidation and continued deferral.

consolidation and deferral of previous applications

2By Interim Decision dated March 23, 2015 (Morris v. Ontario (Health and Long-Term Care, 2015 HRTO 366)), the Tribunal consolidated Applications in file 2014-18647-I and 2011-09548-I and deferred them pending conclusion of an arbitration before the Grievance Settlement Board (“GSB”).

application 2015-22104-I

3The applicant has now filed a third Application and seeks to have it joined and consolidated with her other two Applications. This request is not opposed by the respondent.

4Accordingly, this Application will be consolidated with the other two applications and will be heard together.

Deferral

5The Tribunal issued a Notice of Intent to Defer dated October 22, 2015 seeking submissions from the parties as to whether or not it would be appropriate to defer this Application pending conclusion of the arbitration before the GSB.

6The applicant and the respondent both filed submissions as did the Association of Management, Administrative, and Professional Crown Employees of Ontario (“AMPCEO”).

7The applicant opposes deferral. She submits that the GSB proceeding is taking a long time and that it does not address issues after July 2013. She requests a telephone hearing to determine the deferral issue, noting that there are exceptional circumstances in her case because the GSB proceedings are extremely slow and that the mechanism in place to address her post-July 2013 issues is no certainty that the mechanism will be followed.

8The respondent and AMAPCEO both filed submissions in support of the deferral, some of which was set out in their previous submissions. In both, they submit that there have been 12 scheduled hearing days before the GSB in 2015 alone, although some were adjourned, and that a further four hearing dates between December 2015 and June 2016 are also scheduled, with a possible further date in January 2016.

Analysis

9This Application, along with the applicant’s other two Applications, will be deferred pending conclusion of the GSB proceeding, based upon the same reasons as in the previous Interim Decision.

10The applicant’s grievances are still active, with a number of hearing dates already held and a number scheduled in the future. Again, there is a mechanism in place to address the post July 2013 allegations, if the GSB ruling does not provide adequate direction to address them. The parties have agreed that the post July 2013 issues will be heard by the same GSB adjudicator.

11If the applicant believes, on conclusion of the arbitration process, that her human rights issues have not been adequately addressed, she may ask to have her Applications brought back on before the Tribunal.

12Pursuant to Rules 14.3 and 14.4 of the Tribunal’s Rules, where a party wishes to proceed with an Application which has been deferred, the party must file a Request for an Order During Proceedings (Form 10) within 60 days after the conclusion of the other proceeding. The Tribunal’s Rules and Forms can be found on its website at http://www.sjto.gov.on.ca/.

13I am not seized with these matters.