Michael Christianson v. Windsor Police Service and Michael Langlois, 2009 HRTO 1787

Human Rights Tribunal of Ontario

B E T W E E N:

Michael Christianson

Applicant

-and-

Windsor Police Service and Michael Langlois

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 27, 2009 Citation: 2009 HRTO 1787 Indexed as: Christianson v. Windsor Police Service

1This is an Application filed September 5, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). This Interim Decision addresses a disputed request to amend the Application and to join this Application with a section 34 Application. The Case Resolution Conference is scheduled for November 6, 2009.

2The applicant has asked that I recuse myself from further involvement in this Application. There is no basis for this request and it is denied.

3The complaint which underlies the current Application was filed with the Ontario Human Rights Commission ("Commission") on December 17, 2007. The applicant alleged that Michael Langlois and the Windsor Police Service discriminated against him on the basis of disability.

4On October 29, 2008, the applicant wrote to the Commission seeking to amend the complaint to add Charles Sasso as a personal respondent and to add an allegation relating to an incident on February 28, 2008. On November 26, 2008, the Commission wrote to the applicant declining to amend the complaint as requested and to add Mr. Sasso. The Commission recommended that the applicant file an Application with the Tribunal under section 34 of the Code, which he has done. That Application is currently in abeyance, pending the resolution of this Application.

5As the section 34 Application is in the early stages and the present Application is scheduled for November 6, 2009, it would not be fair or expeditious to join them.

6On the request to amend the Application to add a financial remedy, the Tribunal does not consider a change in remedies requested to require a formal amendment to the Application. The Tribunal Rules provide that there is an opportunity to refine the remedies after the Application is filed. Accordingly, there is no need to amend the Application to submit new remedies.