Tim Kelly

The applicant filed a Request for an Order During Proceedings to reactivate his deferred human rights application.

The application had previously been deferred pending the resolution of a concurrent civil action due to a substantial overlap in facts and issues.

The applicant argued that an Affidavit of Documents from the civil action demonstrated no overlap.

The Tribunal found that the civil action was still ongoing and the risk of inconsistent findings remained.

The request to reactivate was denied as premature.

The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of a concurrent civil action.

The applicant argued that the civil matter had not yet been scheduled for trial and raised concerns about the individual respondent's advanced age.

The Tribunal denied the request, finding it premature because the civil action had not concluded and the risk of inconsistent findings remained.

The applicant filed an application alleging discrimination and harassment in housing based on sex, sexual orientation, and family status, as well as reprisal.

Prior to the application, the applicant and his mother initiated a civil action against the corporate respondent based on substantially overlapping facts.

The Tribunal requested submissions on whether to defer the application pending the resolution of the civil action.

The applicant made no submissions, while the respondents requested deferral to avoid duplication.

The Tribunal exercised its discretion to defer the application to avoid the risk of inconsistent determinations and because the civil action was more advanced.