Peter Osborne

The applicant requested to reactivate her human rights application following the conclusion of proceedings before the Health Professions Appeal and Review Board (HPARB).

The respondents opposed the reactivation and requested that the application be dismissed under section 45.1 of the Human Rights Code on the basis that the HPARB proceeding appropriately dealt with the substance of the application.

The Tribunal granted the request to reactivate the application and ordered a preliminary hearing by conference call to hear oral submissions on the section 45.1 dismissal request.

The respondents requested to dismiss or defer the human rights application on the basis that the facts and issues were currently before the Health Professions Appeal and Review Board (HPARB).

The Tribunal found that deferral was the most fair, just, and expeditious way of proceeding, as concurrent proceedings dealing with the same issues raise the possibility of inconsistent decisions.

The application was deferred pending the conclusion of the HPARB proceeding.