Burch v. Victim Services of Durham Region, 2017 HRTO 1145

Human Rights Tribunal of Ontario

B E T W E E N:

Laura Burch Applicant

-and-

Victim Services of Durham Region Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: September 1, 2017 Citation: 2017 HRTO 1145 Indexed as: Burch v. Victim Services of Durham Region

WRITTEN SUBMISSIONS

Laura Burch, Applicant

Christopher Stienburg, Counsel

1This Interim Decision addresses the applicant’s request that the Tribunal defer consideration of her Application.

2The applicant filed an Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended. By Request for Order During Proceedings filed August 21, 2017, the applicant requested deferral on the basis that she intends to file a civil claim in the Superior Court of Justice. The applicant has not yet filed her civil claim.

Finding

3The Tribunal may defer consideration of an application on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). Deferral of an application seeks to ensure that proceedings dealing with the same facts or issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.

4In this case, deferral is not appropriate as the applicant has not yet commenced her civil claim. If and when the applicant does commence her civil claim, she may renew her deferral request. If she does, she must file a copy of her Statement of Claim with her request.

5The applicant should take note of s. 34(11) of the Code which states as follows:

(11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or

(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.

Order

6For the reasons set out above, the Tribunal will not defer consideration of the Application. By September 8, 2017, the parties must advise the Tribunal in writing whether they remain interested in a mediation in this case. If not, the Tribunal will proceed with scheduling a hearing unless the applicant advises that she has commenced her civil claim.