Smith v. Ford Motor Company of Canada, 2008 HRTO 387

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carl Smith

Applicant

-and-

Ford Motor Company of Canada, Limited

Respondent

AND BETWEEN:

Carl Smith

Applicant

-and-

C.A.W. Canada Local 200, Pat Donally, Tim Little and Tom Cochois

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: December 10, 2008

Citation: 2008 HRTO 387

Indexed as: Smith v. Ford Motor Company of Canada

1These are two Applications filed on October 8, 2008 and November 27 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Applications are briefly summarized as follows:

T-0318-08: The applicant alleges that the respondent discriminated against him in employment on the basis of disability, colour, race, ethnic origin and place of origin, specifically it is alleged that the respondent failed to accommodate a disability and deprived the applicant of the opportunity to work overtime hours for a period of time.

T-0516-08: The applicant alleges that the applicant's bargaining agent discriminated against him in employment on the basis of disability, colour, race, ethnic origin and place of origin, Specifically it is alleged that the respondent failed to represent the applicant in his grievances respecting the employer's alleged failure to accommodate a disability and depriving him of the opportunity to work overtime hours for a period of time.

3The Tribunal's Rules for applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

4These applications involve similar facts and appear to raise similar legal issues. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, these applications should proceed together.

5In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in March 2009.

6I am not seized of these matters.