Roman Bobelak v. World Gym, 2016 HRTO 639

Human Rights Tribunal of Ontario

B E T W E E N:

Roman Bobelak Applicant

-and-

World Gym Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: May 11, 2016 Citation: 2016 HRTO 639 Indexed as: Bobelak v. World Gym

WRITTEN SUBMISSIONS

Roman Bobelak, Applicant

Self-represented

INTRODUCTION

1The purpose of this Interim Decision is to determine whether this Application should be deferred pending the resolution of a civil claim commenced by the applicant.

2The applicant alleges that the respondent discriminated against him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended ("the Code"). He indicated in his Application that he had also filed an action in the Small Claims Court.

3A review of the claim filed with the Small Claims Court demonstrates that there is great overlap in the facts and issues alleged in that claim and this Application.

4On March 23, 2016, the Tribunal issued a Notice of Intent to Defer pending the resolution of the Small Claims Court matter.

5In response to the Notice of Intent to Defer, the applicant indicated that the same facts and allegations are set out in the Small Claims Court matter.

DEFERRAL OF APPLICATION

6Under section 45 of the Code, the Tribunal has the authority to defer consideration of an application. The Tribunal has exercised its discretion to defer applications where there are concurrent legal proceedings between the parties. The Tribunal has stated that deferral is not automatically invoked simply because the parties are involved in other legal proceedings. However, the Tribunal has generally deferred applications where there is an ongoing proceeding involving many of the same underlying facts and/or issues.

7In my view, deferral of this Application is appropriate due to the overlap in the factual background to the applicant's claims in each proceeding. Due to this overlap, there is a significant potential for duplication of evidence and inconsistent findings in the two proceedings.

8Accordingly, the Tribunal orders the deferral of the Application pending the conclusion of the civil proceeding before the Small Claims Court and any related appeals.

9If, after the Small Claims Court matter and appeal are concluded, a party wishes to proceed with the Application, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days of the conclusion of the Small Claims Court matter and appeals (Rules 14.3 and 14.4).

ORDER

10For the reasons set out above, this Application is deferred pending the conclusion of the Small Claims Court proceeding in this matter and any related appeals.

11A copy of this Interim Decision and the Application shall be delivered to the respondent. The respondent need not file a Response at this time.

12I am not seized.