Kampe v. Regional Municipality of York Regional Police Services Board, 2009 HRTO 1472

Human Rights Tribunal of Ontario

B E T W E E N:

Brian Kampe

Applicant

-and-

The Regional Municipality of York Regional Police Services Board and Ryan Boulay

Respondents

AND B E T W E E N:

Brian Kampe

Applicant

-and-

Toronto Police Services Board and Howard Li

Respondents

AND B E T W E E N:

Brian Kampe

Applicant

-and-

Toronto Police Services Board and Brad Stapleton

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: September 14, 2009

Citation: 2009 HRTO 1472

Indexed as: Kampe v. Regional Municipality of York Regional Police Services Board

1These are three Applications filed under section 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). This Interim Decision deals with the applicant's objections to the Applications being processed together.

2The Applications are briefly summarized as follows:

TR-0965-09: The applicant alleges discrimination in respect of services on the basis of race. The applicant alleges that he was subject to differential treatment by the respondents in May, June 3 and June 7, 2007.

TR-0701-09: The applicant alleges discrimination in respect of services on the basis of race. The applicant alleges that he was subject to differential treatment by the respondents in May, June 3 and June 7, 2007.

TR-0702-09: The applicant alleges discrimination in respect of services on the basis of race, colour and ethnic origin. The applicant alleges that he was subject to differential treatment by the respondents on January 12, 2007.

3The Tribunal's Rules for Transitional Applications under Section 53(3) and 53(5) of the Human Rights Code (the "Rules") are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these Applications. The Tribunal gave Notice to the parties of the intention to process these three Applications together as they arose of the same or very similar incidents and appeared to raise similar legal issues.

4The applicant has objected to the Applications being processed together. The applicant states that while the subject matter of the complaints appears similar, the incidents recited in the complaints are independent. The applicant also states that the harm and resulting damages to the applicant are different for each incident. Finally, the applicant states that having these three Applications processed together will impose an undue burden on his representative.

5The complaints underlying TR-0965-09 and TR-0701-09 are identical and the allegations in the complaint underlying TR-0702-09 are of a substantially similar nature. The essence of the three complaints is the allegation that the applicant is being singled out by the police because of his race. I am not persuaded that it imposes an undue burden on the applicant to process the Applications together, on the contrary having three separate hearings will only add to the length, cost and complexity of the process. Accordingly, pursuant to Rules 1.1, 4.1 and 4.3(m), I direct that in order to ensure a fair, just and expeditious process for their resolution, these Applications should proceed together.

6I am not seized of these matters.