Alicia Allen v. Eamon Park Housing Co-operative Inc. - Board of Directors, 2017 HRTO 1462

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alicia Allen

Applicant

-and-

Eamon Park Housing Co-operative Inc. - Board of Directors, Marlene Rittie, Marite Avens, Sandra Upshaw, Edith Wall, Yulia Petrunovskaya, Michael Brok, Yelena Aliyeva, Nikita Yakushev, and Muhamad Aidid

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: November 6, 2017

Citation: 2017 HRTO 1462

Indexed as: Allen v. Eamon Park Housing Co-operative Inc. - Board of Directors

WRITTEN SUBMISSIONS

Alicia Allen, Applicant

Self-represented

Eamon Park Housing Co-operative Inc. - Board of Directors, Marlene Rittie, Marite Avens, Sandra Upshaw, Edith Wall, Yulia Petrunovskaya, Michael Brok, Yelena Aliyeva, Nikita Yakushev, and Muhamad Aidid, Respondents

Lora Castellucci, Counsel

1This Interim Decision addresses whether the Application should be deferred pending the outcome of the Ontario Labour Relations Board proceeding that is ongoing in this case.

2The applicant filed an Application alleging that the respondents discriminated against her contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended ("Code"). In their Response, the respondents requested that the Tribunal dismiss or defer the Application due, among other things, to an Ontario Labour Relations Board ("OLRB" or "Board") proceeding under the Occupational Health and Safety Act. A hearing before the OLRB took place in June 2017 and the Board issued a decision on October 10, 2017. The applicant has indicated that she is currently requesting a reconsideration of the decision.

3The applicant opposed the respondents' request that the Tribunal defer consideration of the Application on the basis that the focus of the OLRB proceeding is different than the Application before the Tribunal.

findings

4The 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.

5The Tribunal generally considers the following factors in determining whether to defer consideration of an application: the subject matter of the other proceeding, the nature of the other proceeding; the type of remedies available in the other proceeding; and whether it would be fair overall to the parties to defer the application having regard to the status of each proceeding and the steps that have been taken to pursue them. See Baghdasserians v. 674469 Ontario, 2008 HRTO 404.

6In this case, there is substantial overlap between the facts arising in the OLRB proceeding and those the applicant raised in her Application. Both proceedings deal with the same factual background and, specifically, with the reasons for the termination of the applicant's employment by the organizational respondent. In my view, there would be a significant risk of inconsistent findings of fact and/or law if this Tribunal were to proceed with its consideration of this Application while the OLRB proceeding remains ongoing. Therefore, it is appropriate to defer consideration of the Application pending the conclusion of any reconsideration requests and requests judicial review and/or appeal that the applicant may exercise in the Board proceeding.

7If the applicant believes that the OLRB proceeding did not appropriately deal with the substance of her Application once she has exhausted her options for challenging the Board's decision, she may seek to re-activate her deferred Application. However, the applicant should take note that, under s. 45.1 of the Code, the Tribunal has the power to dismiss Applications if the substance of an Application has been appropriately dealt with in another proceeding.

8Rules 14.3 and 14.4 of the Tribunal's Rules of Procedure address how the Application may be brought back before the Tribunal following conclusion of another proceeding. It should be noted that, a party wishing to proceed with an application must file a Request for Order During Proceedings (Form 10) no later than 60 days after the conclusion of the other proceeding. The Tribunal's Rules of Procedure and Forms can be found on its website at www.sjto.gov.on.ca/hrto/.

order

9For the reasons set out above, the Tribunal will defer consideration of the Application pending the outcome of the OLRB proceeding in this case. The Tribunal will consider the OLRB proceeding complete once the applicant has exhausted any options of reconsideration, judicial review and/or appeal she wishes to pursue to challenge the OLRB's decision.