HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Karsten Berkau
Applicant
-and-
Toyota Motor Manufacturing Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Eban Bayefsky
Indexed as: Berkau v. Toyota Motor Manufacturing Canada Inc.
WRITTEN SUBMISSIONS
Karsten Berkau, Applicant
Robert Whitteker, Counsel
1This Interim Decision addresses the applicant’s request to re-activate the Application, which was deferred pending the completion of proceedings before the Workplace Safety and Insurance Board (“WSIB”).
2The applicant filed an Application alleging that the respondent discriminated against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On May 21, 2015, and again on September 29, 2015, the Tribunal deferred consideration of the Application due to ongoing proceedings before the WSIB.
3On June 29, 2015, the WSIB Appeals Resolution Officer (“ARO”) issued a decision in the applicant’s appeal. The respondent had initially indicated it would appeal the ARO’s decision. However, on September 1, 2017, the Workplace Safety and Insurance Appeals Tribunal issued a letter confirming that, as the respondent had failed to file a Confirmation of Appeal of the ARO’s decision by the deadline of August 19, 2017, it had closed the respondent’s appeal.
4On October 23, 2017, the applicant requested that the Tribunal re-activate the Application.
5I am satisfied the request was delivered to the respondent. The respondent has not responded to the applicant’s request.
decision
6Given the completion of the proceedings for which the Application was deferred, and absent any objection from the respondent, the applicant’s request to reactivate the Application is granted.
order
7The applicant’s request to re-activate the Application is granted.
8I am not seized of this matter.
Dated at Toronto, this 7th day of December, 2017.
“Signed by”
Eban Bayefsky
Vice-chair