Phipps v. Toronto Police Services Board, 2009 HRTO 1194

Human Rights Tribunal of Ontario

Between:

Ronald Phipps Applicant

-and-

Toronto Police Services Board, Michael Shaw and William Blair Respondents

Interim Decision

Adjudicator: Kaye Joachim Date: August 6, 2009 Citation: 2009 HRTO 1194 Indexed as: Phipps v. Toronto Police Services Board

Written Submissions By

Ronald Phipps, Applicant (On his own behalf) Toronto Police Services Board, Respondent (Andrea Denovan, Counsel) Michael Shaw and William Blair, Respondents (Lisa Cabel, Counsel)

Decision

1This Interim Decision deals with the Request for an Order by the respondents William Blair and Michael Shaw for particulars of the applicant’s requests for remedies.

2The applicant’s requested remedies are set out as follows:

a) Inter-racial partnering of police officers;

b) Better racial sensitivity training;

c) “class” sensitivity training;

d) Monetary damages of $150,000; and

e) the removal of the caution in respect of Ms. Katz.

3The respondents noted that the applicant has not disclosed any documents supporting these requests. They argued that they are entitled to know the remedial case they have to meet.

4The applicant subsequently submitted further particulars, referring to weight loss, the need for psychiatric intervention, medication taken to relieve stress which led to the development of glaucoma, and a work-related accident in March 2007. In reply, the respondents Blair and Shaw sought production of the applicant’s employee file from Canada Post, all the updated medical reports relating to alleged post traumatic stress syndrome, psychotherapy, glaucoma, blurred vision, difficulty sleeping, weight loss and affected immune system, and the Workplace Safety & Insurance Board file pertaining to the 2007 work-related injury.

5The applicant will be permitted to give his evidence of his requested remedies and the respondents will be permitted to begin their cross-examination of the applicant on September 14, 2009. I will then hear the parties’ submissions with respect to the requested production and if any production is ordered, the hearing on remedy will be adjourned to permit the respondents to view the material ordered produced.

6In any event, the parties should be prepared to call evidence and make argument with respect to the issue of liability of the respondents Blair and the Toronto Police Services Board.