Salina Larocque v. Srimoyee Mitra, Catharine Mastin and Suzanne Ujj, 2016 HRTO 506

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Salina Larocque Applicant

-and-

Srimoyee Mitra and Catharine Mastin Respondents

Salina Larocque Applicant

-and-

Srimoyee Mitra; Catharine Mastin and Suzanne Ujj Respondents

INTERIM DECISION

Adjudicator: David Muir Date: April 19, 2016 Citation: 2016 HRTO 506 Indexed as: Larocque v. Mitra

WRITTEN SUBMISSIONS

Salina Larocque, Applicant Self-represented

Srimoyee Mitra Catharine Mastin and Suzanne Ujj, Respondents Anna Vannelli, Counsel

1This Interim Decision addresses the parties’ Request for Order During proceeding (Requests).

2The applicant filed Application 2015-21395-I on July 15, 2015. In it she alleges that the respondents discriminated against her because of creed contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code). The Tribunal deferred the Application pending the conclusion of a grievance proceeding addressing a grievance filed on the applicant’s behalf by her union.

3This Application was reactived in 2016 HRTO 97. At the same time in a Case Assessment Direction issued on January 21, 2016 the Tribunal directed that a preliminary hearing be held to determine whether or not the all or part of Tribunal file 2015-21395-I should be dismissed as an abuse of process because of a settlement of a grievance related to the subject matter of that Application.

4On February 29, 2016 the respondent filed a Request in 2015-21395-I to have certain documents struck from the file because they related to events subsequent to the filing of that Application and in fact related to the second Application above, 2016-23324-I. The applicant opposed the Request citing ongoing discrimination.

5The applicant filed 2016-23324-I on February 5, 2016. In this Application the applicant alleges ongoing discrimination on the basis of creed and reprisal because of ther prior Application.

6On February 17, 2016 the Tribunal issued a Notice of Intent to Defer 2016-23324-I pending the conclusion of several grievances filed on behalf of the applicant. This issue has not been dealt with by the Tribunal.

7On March 18, 2016 the applicant filed a Request in 2016-23324-I which sought the consolidation of these Applications and then their deferral pending the conclusion of several grievances filed on the applicant’s behalf.

Decision

8The Request of the respondent will be dealt with if necessary by the member presiding at the preliminary hearing. The preliminary hearing will proceed as previously determined by the Tribunal. The applicant’s Request that these Applications be consolidated and then deferred pending the conclusion of a further grievance is granted in part. These cases will not be consolidated at this time but on the basis of what appears to be agreement of the parties that the second Application ought to be deferred pending the conclusion of furthergrievance arbitrations it appears appropriate to grant that request. This will also allow for the preliminary hearing to proceed which will determine whether 2015-23195-I will continue in the Tribunal process or be dismissed. If all or part of that Application is not dismissed it may be appropriate to consolidate these Applciations at that time.

9In coming to these conclusions I have largely accepted the respondents’ position that the Applications are distinct if only because the dispute captured in 2015-21395-I may have been resolved in the grievance procedure. I agree with the respondent that this issue should to be determined as already directed by the Tribunal. As regards the respondent’s Request to have documents struck from the 2015-21395-I, it is not clear at this stage why that is necessary given the particular circumstances of this case and in the circumstances of this case I find that it is best left to the discretion of the member presiding at the preliminary hearing. The remaining issues raised by the parties will be addressed in the event that these Applications proceed further in the Tribunal process.

Orders

10The Tribunal makes the following Directions:

a. File 2016-23324-I is deferred pending the conclusion of several grievances filed on behalf of the applicant;

b. The preliminary hearing in 2015-21395-I directed in a Case Assessment Direction issued on January 21, 2016 will proceed as scheduled.

c. The respondents’s Request that certain documents be removed from 2015-21395-I will be addressed at the discretion of the member assigned to preside at the preliminary hearing

d. The remaining issues including the consolidation of these Applications will be addressed in the event that these Applications continued in the Tribunal process.

11I am not seized.