HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ebonei Wynn
Applicant
-and-
Windsor Essex Children’s Aid Society
Respondent
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Wynn v. Windsor Essex Children’s Aid Society
1This Application alleges discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”).
2The Application describes the applicant’s interactions with the respondent and the discrimination that she alleges she has experienced during those interactions.
3The respondent denies the allegations of discrimination and asks that the Application be dismissed as having no reasonable prospect of success, and has filed a request for summary hearing. In the alternative, the respondent proposes that the Application be deferred because of ongoing criminal charges relating to some of the allegations in the Application.
4The applicant has not replied to the respondent’s request for a summary hearing or to the proposal that the Application be deferred.
5When there is an on-going matter before the Courts that relates to the substance of the Application, the Tribunal will generally defer further consideration of the Application until the proceedings before the Court have concluded. This is to ensure that the Tribunal’s proceedings do not interfere with or overlap the proceedings before the Court. When the Court proceeding involves criminal charges against the applicant, deferral ensures that the applicant’s rights in the Court proceeding are not compromised.
6The Application will accordingly be deferred until the proceedings before the Court that relate to the allegations in the Application have been completed. When the Court proceedings have been completed, the applicant may ask that the Application be re-activated. She must do so by filing a request to re-activate with the Tribunal Registrar, copied to the respondent, within 60 days of the conclusion of the Court proceeding.
Dated at Toronto, this 30h day of August, 2017.
“Signed By”
Brian Cook
Vice-chair