Patrick Kinsella v. Workplace Safety and Insurance Board, 2016 HRTO 9

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patrick Kinsella

Applicant

-and-

Workplace Safety and Insurance Board

Respondent

INTERIM DECISION

Adjudicator: Genevieve Debane

Date: January 5, 2016

Citation: 2016 HRTO 9

Indexed as: Kinsella v. Workplace Safety and Insurance Board

WRITTEN SUBMISSIONS

Patrick Kinsella, Applicant

Self-represented

1On April 1, 2014, the Tribunal deferred this Application pending the conclusion of the WSIB proceeding.

2On November 12, 2015, the applicant filed a Request to reactivate the Application. The applicant acknowledges that the other proceeding has not concluded but he takes the position that the Application should be reactivated because his appeal before the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) will not be heard before at least one year.

3I have considered this matter and I am of the view that it is not appropriate to reactivate this Application. The issues raised in the Application have also been raised in the WSIAT appeal. If these two matters are permitted to proceed at the same time it may lead to contrary findings of fact and decisions. As such, I find that it is appropriate to continue to defer the Application.

Order

4The Application will be deferred pending the conclusion of the WSIAT proceeding.

5The Tribunal directs the parties’ attention to Rule 14 of the Tribunal’s Rules of Procedure which sets out the procedure if a party wishes to proceed with an application that has been deferred pending the conclusion of another proceeding.