Stephen Flanagan v. Workplace Safety and Insurance Board, 2017 HRTO 944

Human Rights Tribunal of Ontario

B E T W E E N:

Stephen Flanagan

Applicant

-and-

Workplace Safety and Insurance Board

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: July 26, 2017 Citation: 2017 HRTO 944 Indexed as: Flanagan v. Workplace Safety and Insurance Board

APPEARANCES

Stephen Flanagan, Applicant Michael Farago, Representative

Workplace Safety and Insurance Board, Respondent Greg Bullen, Counsel

1This Interim Decision addresses the applicant’s request to re-activate this deferred Application.

2The applicant filed an Application alleging that the respondent discriminated against him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Tribunal deferred consideration of the Application due to an ongoing grievance and an appeal to the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”).

3By Request for Order During Proceedings, the applicant requested that the Tribunal re-activate his Application as the WSIAT issued its decision in his case.

4The respondent opposed the request to re-activate on the basis that the substance of the Application has been appropriately dealt with by the WSIAT decision and the issues raised in the Application allegedly fall exclusively within the jurisdiction of the Workplace Safety and Insurance Board.

5The applicant’s request to reactivate the Application is granted. However, the Tribunal will schedule a preliminary hearing to hear the parties’ submissions on whether the Application should be dismissed under s. 45.1 of the Code. Directions relating to the preliminary hearing are contained in the Case Assessment Direction accompanying this Interim Decision.

order

6For the reasons set out above, the applicant’s request to reactivate the Application is granted.

7I am not seized of this matter.