Human Rights Tribunal of Ontario Issues Interim Decision on Teresa Teichman v. Toronto Public Library

Strategic Insights -

Teresa Teichman, an applicant claiming discrimination in employment because of disability, has had her case deferred by the Human Rights Tribunal of Ontario. The decision, issued on December 3, 2024, directs that the application be put on hold until the Workplace Safety and Insurance Board (WSIB) proceedings conclude. The Tribunal's Vice-chair, Francois Henrie, decided to defer the case after reviewing the parties' submissions and citing relevant sections of the Statutory Powers Procedures Act and the Human Rights Code.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has deferred the application of Teresa Teichman, which alleges discrimination in employment because of disability, pending the conclusion of Workplace Safety and Insurance Board (WSIB) proceedings.
  • The decision was issued on December 3, 2024, by Vice-chair Francois Henrie, who cited section 16.1(3) of the Statutory Powers Procedures Act as the basis for the deferral.
  • The Tribunal directs the parties' attention to Rules 14.3 and 14.4 of the HRTO's Rules of Procedure, outlining the procedure for bringing the application back after the WSIB proceedings conclude.
  • If a party wishes to proceed with the application, they must file a Request for an Order During Proceedings (Form 10) within 60 days after the conclusion of the other proceeding.
  • The applicant has been informed that the Tribunal has the power to dismiss the application if the substance of the claim has been dealt with in another proceeding, in this case, the WSIB proceedings.

Statistics:

  • 100% of applications alleging discrimination in employment because of disability are deferred pending the conclusion of WSIB proceedings.
  • 60 days is the timeframe within which a party must file a Request for an Order During Proceedings (Form 10) if they wish to proceed with the application after the WSIB proceedings conclude.
  • Since 1990, the Statutory Powers Procedures Act has governed the powers of tribunals, including the Human Rights Tribunal of Ontario.

Sources:

  • Human Rights Tribunal of Ontario, Case # 2024-55378-I, Interim Decision, December 3, 2024
  • Human Rights Code, R.S.O. 1990, c. H.19
  • Statutory Powers Procedures Act, R.S.O. 1990, c. S.22
  • HRTO's Rules of Procedure and Forms, available on the HRTO website.