Human Rights Tribunal of Ontario
B E T W E E N:
William Smyth Applicant
-and-
Toronto Police Service, Officer #9930, Officer #9978, and Toronto Ambulance Service Respondents
INTERIM DECISION
Adjudicator: David A. Wright Date: July 13, 2009 Citation: 2009 HRTO 1029 Indexed as: Smyth v. Toronto Police Service
1This Interim Decision addresses the naming of respondents in this Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19. On his Application form, the applicant listed as respondents the Toronto Police Service, Officer #9930, 11 Division, Officer #9978, 11 Division, and Toronto Ambulance Services. The applicant also filed a Request for Order asking for the names of three police officers and two paramedics, who he wishes to add as individual respondents. The respondents did not respond to this Request.
2No Response was filed on behalf of Toronto Police Service. A Response was filed by counsel on behalf of PC Ma, PC Holubko and PC MacInnis, who are three officers whose badge numbers were included in the Application. Their first names were not included in the Response. This Response states that the Toronto Police Service is not a legal entity. A Response was also filed on behalf of the City of Toronto. The City states that the Toronto Ambulance Service is not a legal entity, and that all emergency services are provided through its Emergency Medical Services Division.
Toronto Police
3I am concerned about the failure of the Toronto Police Services to file a response. While I appreciate that there may be issues about whether the Toronto Police Services Board is liable for the actions of individual police officers and the legal status of the "Toronto Police Service", this does not relieve the Board of its responsibility to respond to a human rights complaint filed by a member of the public where it is clear that person intended to name the legal entity responsible for police services in the City of Toronto. By naming the "Toronto Police Service" at 40 College Street, Toronto, Ontario, it seems clear that the applicant intended to do so. I note that the City of Toronto responded, even though it was apparently incorrectly named as Toronto Ambulance Service.
4A copy of this Interim Decision shall be sent to the Toronto Police Services Board. The parties may make submissions on whether the names of the respondents should be amended to read: Toronto Police Services Board, Toronto Police Service, City of Toronto, and the full names of Ma, Holubko and MacInnis. Any submissions should be delivered to the other parties and the Toronto Police Services Board and filed with the Tribunal by July 20, 2009. The Toronto Police Services Board shall also file its Response by this date, which shall be accepted as its Response if it is named as a respondent. The attention of the Toronto Police Services Board is directed to Rule 5.5, which sets out the consequences of failure to respond to a Tribunal Application.
Request for Order
5The last names of Ma, Holubko and MacInnis have been provided in their Response. Counsel for these respondents shall provide the other parties and the Tribunal with their first names, so that they can be properly identified in the style of cause, on or before July 20, 2009. The City of Toronto shall provide the applicant with the names of the two paramedics who came to his door, on or before July 20, 2009 and a contact address where materials can be delivered to them. If the applicant seeks to have them added as personal respondents, he shall deliver to the other parties' counsel and file with the Tribunal a Request for Order During Proceedings by July 30, 2009.
6I am not seized.
Dated at Toronto, this 13^th^ day of July, 2009.
"Signed by"
__________________________________
David A. Wright Vice-chair