Gutcher v. Welland Retirement Suites Limited, 2016 HRTO 355

Human Rights Tribunal of Ontario

B E T W E E N:

Shawna Gutcher

Applicant

-and-

Welland Retirement Suites Limited and Mike Hasani

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: March 21, 2016

Citation: 2016 HRTO 355

Indexed as: Gutcher v. Welland Retirement Suites Limited

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

2In Interim Decision 2014 HRTO 610, the Tribunal deferred this Application pending the conclusion of a criminal proceeding.

3On February 5, 2016, the applicant sought reactivation of the application because the criminal proceeding has concluded.

4On March 2, 2016, the Tribunal, having received no objection from the respondents, reactivated the Application.

5On March 4, 2016, the respondents filed a Request for Order During Proceeding opposing the reactivation of the Application and seeking the removal of the individual respondents. The respondents also advised that the assets of the organizational respondent had been sold to another entity. On March 11, 2016, the respondents wrote to the Tribunal to advise that they were agreeable to mediation.

6The Application is reactivated. The respondents note that there have been proceedings which relate in some way to this matter but also note that these have concluded. The results of the Employment Standards Act proceeding in particular may have an impact on the litigation of those issues at the Tribunal, but that is not a reason not to reactivate the Application.

7The respondents’ request that the individual respondents be removed from the Application identifies two individuals who the Tribunal has not noted as respondents. A review of the Application indicates that the only respondents identified by the applicant are those identified in the style of cause. The applicant appears to confirm this fact in her submissions. The individuals identified by the respondents are not parties to the Application.

8The Tribunal will issue a Notice of Mediation in due course.

9I am not seized of this case.