HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kevin Ransome
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care and Kim Charlebois
Respondents
Megan Marie Kinney
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care and Kim Charlebois
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Ransome v. Ontario (Health and Long Term Care)
Human Rights Tribunal of Ontario
655 Bay Street, 14th Floor
Toronto, ON M7A 2A3
Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322
TTY (416) 314-2379 / (toll free) 1-800-424-1168
E-mail hrto.registrar-transition@ontario.ca
Website www.hrto.ca
1The applicant, Kevin Ransome, filed an application on August 5, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Application was assigned file number T-0041-08. The applicant Megan Marie Kinney filed an application on August 6, 2008 under section 34 of Part IV of the Code. This Application was assigned file number 2008-00173-I
2The corporate respondent has been identified in both Applications as the Minister of Health and Long Term Care. The Tribunal has amended the name of the corporate respondent to properly identify it as Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long Term Care.
3The purpose of this decision is to consider the respondents’ request to process the two Applications together.
4The applicants are both employed by the corporate respondent as Operations Managers at the London Central Ambulance Communications Centre (CACC). The respondents assert that the applicants are the only people who work in that position at the London CACC. Both applicants are requesting the same workplace accommodation based on family status, and therefore a decision to grant the requested accommodation to one applicant may impact the corporate respondent’s ability to grant the same accommodation to the other applicant. The respondents submit that the two Applications raise similar questions of law.
5The applicants both oppose the request to deal with the two Applications together.
6Applications to the Tribunal should be processed in a way that ensures a fair, just and expeditious process.
7These Applications involve similar facts and issues and a resolution of one may affect the resolution of the other. Accordingly, I find that in order to ensure a fair, just and expeditious process for their resolution, if mediation is unsuccessful these Applications should proceed together under the procedure for dealing with section 34 applications.
8The Tribunal has scheduled a mediation in London on October 8, 2008 for 9:30 to 4:30 with respect to the Ransome application T-0041-08. Ms Kinney is directed to advise the Tribunal’s Registrar-Transition, contact information found on the cover page of the decision, and parties in both Applications within three days of the receipt of this decision, whether she is available to attend the mediation on October 8, 2008. If she is not available, the mediation on October 8, 2008 will be adjourned and the parties canvassed to find a mutually agreeable date for mediation.
9The Tribunal will issue further directions as required on each application.
Dated at Toronto, this 29th day of September, 2008.
“Signed by”
Kaye Joachim
Vice-Chair