HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Nathalea Miller
Applicant
-and-
Homes Instead Senior Care (North York Franchise), Sharon Galway, Brian Weinert, and Lindsay Reid
Respondents
INTERIM DECISION
Adjudicator: Josée Bouchard Date: July 5, 2016 Citation: 2016 HRTO 886 Indexed as: Miller v. Homes Instead Senior Care
WRITTEN SUBMISSIONS
Nathalea Miller, Applicant
Self-represented
1This Interim Decision addresses the applicant’s request to re-activate her deferred Application.
2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, colour and disability. The Tribunal deferred the Application in 2015 HRTO 1324 pending the conclusion of a proceeding before the Ministry of Labour (“MOL”) initiated by the applicant pursuant to the Employment Standards Act, 2000 (“the proceeding”).
3On February 8, 2016, the applicant filed a Request for Order During Proceedings seeking to re-activate the Application. The applicant filed a copy of two MOL decisions against the corporate respondent. It appears that the proceeding has concluded. The respondents did not respond to the Request and the time for doing so has passed.
4In the circumstances I find that it is appropriate to re-activate the Application.
Direction
5The Tribunal’s Registrar will schedule a two day hearing of this Application. Further directions from the Tribunal with respect to the hearing will be issued in due course.
6I am not seized.
Dated at Toronto, this 5th day of July, 2016.
“Signed By”
Josée Bouchard
Vice-chair