Human Rights Tribunal of Ontario Defers Application Pending Grievance Proceeding

Strategic Insights -

The Human Rights Tribunal of Ontario has made a decision in the case of Johnderson Le vs. His Majesty the King in Right of Ontario, deferring the application pending the completion of an ongoing grievance proceeding at the Niagara Detention Centre. The applicant, Johnderson Le, had alleged discrimination with respect to employment because of disability contrary to the Human Rights Code. The respondent, represented by the Ministry of the Solicitor General, had requested a deferment. After reviewing the parties' submissions, Adjudicator Kelly Barker found it appropriate to defer the application, citing the ongoing grievance proceeding and referring to sections of the Statutory Powers Procedure Act. The Tribunal directed the parties to follow specific procedures for proceeding with the case after the grievance proceeding concludes.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has made a decision to defer the application in the case of Johnderson Le vs. His Majesty the King in Right of Ontario.
  • The deferment is pending the completion of an ongoing grievance proceeding at the Niagara Detention Centre.
  • Johnderson Le, the applicant, alleges discrimination with respect to employment because of disability contrary to the Human Rights Code.
  • The respondent, representing the Ministry of the Solicitor General, requested the deferment, which was granted by Adjudicator Kelly Barker.
  • The Tribunal directed the parties to follow specific procedures outlined in Rules 14.3 and 14.4 for proceeding with the case after the grievance proceeding concludes.
  • The parties are required to file a Request for an Order During Proceedings (Form 10) within 60 days after the conclusion of the grievance proceeding.

Statistics:

  • 60 days: the timeframe for filing a Request for an Order During Proceedings (Form 10) after the conclusion of the grievance proceeding.
  • 2023-55135-I: the file number of the case.
  • 2024 HRTO 1143: the citation number of the decision.
  • August 14, 2024: the date of the decision.

Sources:

  • Human Rights Tribunal of Ontario, Interim Decision (2024-08-14): Johnderson Le v. His Majesty the King in Right of Ontario as represented by the Ministry of the Solicitor General (Niagara Detention Centre)
  • R.S.O. 1990, c. S.22: Statutory Powers Procedure Act
  • R.S.O. 1990, c. H.19: Human Rights Code
  • www.sjto.gov.on.ca/hrto/: the website for the Human Rights Tribunal of Ontario Rules of Procedure and Forms.