HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Shirley Rachlinski
Applicant
-and-
Heritage Fish and Chips, Abbas Qizilbash, Ghadah Qizilbash, Saima Iqbal, and Mohammad Iqbal
Respondents
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Rachlinski v. Heritage Fish and Chips
WRITTEN SUBMISSIONS
Shirley Rachlinski, Applicant
Self-represented
Heritage Fish and Chips, Abbas Qizilbash, Ghadah Qizilbash, Saima Iqbal, and Mohammad Iqbal, Respondents
Ghadah Qizilbash, Representative
1The applicant filed an Application alleging discrimination because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended ("Code"). Specifically, the applicant claimed that the respondents discriminated and reprised against her because she filed a claim with the Workplace Safety and Insurance Board ("WSIB").
2In their Response, the respondents requested that the Tribunal dismiss the Application on the basis that the substance of the Application has been dealt with by the WSIB. They attached to the Response a decision of a WSIB Eligibility Adjudicator dated September 8, 2016. The adjudicator denied the applicant's WSIB claim on the basis that he was unable to establish that the applicant's injury was incurred as a result of a workplace accident or incident.
findings
3Section 45.1 of the Code provides the Tribunal with the power to dismiss an application if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
4I do not agree with the respondents that the WSIB proceeding appropriately dealt with the substance of the Application. The Application raises a different issue than the issue dealt with in the WSIB proceeding. The issue raised in the Application is whether the respondents discriminated or reprised against the applicant for filing her WSIB claim. The WSIB proceeding dealt with whether the applicant's injury was work-related. Since these are two very different legal issues, there is no basis on which to dismiss the Application under s. 45.1 of the Code.
order
5For the reasons set out above, the respondents' request to dismiss the Application is denied. The Tribunal will continue to process the Application.
Dated at Toronto, this 20th day of July, 2017.
"Signed By"
Jo-Anne Pickel
Vice-chair