Shallow v. Toronto Police Services Board, 2008 HRTO 364

Human Rights Tribunal of Ontario

B E T W E E N:

Roger Shallow

Applicant

-and-

Toronto Police Services Board, Gail Shields, Paul Clarke, P.C. Harnish, Rob Lyon and Arlene Duffy

Respondents

INTERIM DECISION

Adjudicator: Alan Whyte

Date: December 10, 2008

Citation: 2008 HRTO 364

Indexed as: Shallow v. Toronto (Police Services Board)

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination on the basis of race and colour.

2Counsel for the corporate respondent seeks an amendment to correctly identify it in these proceedings. I am satisfied this is appropriate in the circumstances and order that the style of cause be amended to identify the corporate respondent as the Toronto Police Services Board.

3The personal respondent Harnish is identified by rank rather than name. Counsel for the respondent Harnish is directed to provide his or her first name to the Registrar by letter, copied to the other parties, no later than December 15, 2008. The style of cause will be amended upon receipt of this information.

4The applicant requests that the Application be deferred pending the outcome of related criminal proceedings. The applicant has advised in his Application that there are criminal charges against the personal respondents Shields and Clarke. It is unclear whether the criminal proceedings in question are the charges against the applicant or the personal respondents. Counsel for the personal respondents has consented to the deferral request without having this clarification.

5The Tribunal therefore orders that:

(a.) The applicant provide in writing to the other parties and file with the Tribunal by December 15, 2008 a clarification as to which set of criminal charges he is referring to in his request for deferral. The applicant may also provide submissions in support of his deferral request by the same date;

(b.) The personal respondents and corporate respondent shall provide to the other parties and file with the Tribunal by January 15, 2009 their Responses (in Form 2) and submissions regarding the applicant's deferral request;

(c.) The applicant shall deliver to the other parties and file his submissions in reply (limited to the deferral request) by January 28, 2009.

6I am not seized of this matter.