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Request to reactivate human rights application denied pending completion of parallel College disciplinary appeal.
The applicant requested to reactivate her human rights application alleging sexual solicitation in employment, which had been deferred pending a disciplinary process by the College of Physicians and Surgeons of Ontario.
Although the College had issued a findings decision, the respondent appealed that decision to the Divisional Court, staying the penalty phase.
The Tribunal denied the request to reactivate, finding that deferral remained appropriate to avoid duplicitous proceedings and the risk of inconsistent findings of fact while the appeal and any related College proceedings were completed.
Request to reactivate deferred human rights application denied as parallel professional discipline proceedings remained ongoing.
The applicant filed a Request for Order During Proceedings to reactivate her human rights application, which had been deferred pending the conclusion of a disciplinary process by the College of Physicians and Surgeons of Ontario.
The respondents opposed the reactivation, arguing it was premature because the penalty phase of the College process was still outstanding.
The Tribunal agreed with the respondents, finding that the College process was not yet complete and denying the request to reactivate the application.
