- May 12, 2021
- Human Rights Decisions
This interim decision considers whether the Application in HRTO File No. 2011-10223-I (the “2011 Application”) filed by Rose Marie Thomas (“Thomas”) ought to be deferred until the determination of an earlier Application filed by Thomas in HRTO File No. 2009-02058 (the “2009 Application”). Additionally, Thomas requested that the two Applications be consolidated.
In the 2011 Application, Thomas alleges that the Respondents discriminated against her in employment, contracts and in membership in a vocational association based on disability and sex. The HRTO noted that there is overlap between the issues raised in the 2009 and 2011 Application. Specifically, the HRTO noted that the 2011 Application amongst other things involves failing to “prevent the reoccurrence of the harassment” as alleged in the 2009 Application.
The HRTO noted that Rule 14 of the Tribunal’s Rules and Procedure allow the tribunal to defer consider of an application in the appropriate circumstances and held that the Tribunal will normally defer an application where there is ongoing litigation based on the same facts and issues. In this case, the Tribunal held that “there is a significant overlap between this [the 2011 Application] and the 2009 Application… the success of this Application will depend in part on the factual conclusions the Tribunal makes in the 2009 Application.” Therefore, the Tribunal ordered that consideration of the 2011 Application be deferred pending the Tribunal’s decision in the 2009 Application.
The Tribunal denied Thomas’ request to consolidate the two Applications as it would unduly complicate the 2009 Application and it would be unfair to require parties not initially part of the 2009 Application to participate in the 2009 Application where litigation has been ongoing.