Brian MacLean v. Ryerson University, 2009 HRTO 1794

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brian MacLean

Applicant

-and-

Ryerson University, Alan Shepard, Michael Dewson, Ann Whiteside

and Karim Ismaili

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: October 27, 2009

Citation: 2009 HRTO 1794

Indexed as: MacLean v. Ryerson University

1This is an application received June 25, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This Interim Decision addresses a disputed request to amend the Application and to add a party and expand the subject matter of the Application. The applicant did not file a response to the respondents’ Request for Order.

3The original complaint filed with the Ontario Human Rights Commission (“Commission”) on October 22, 2007 relates to a 2007 competition. The day after the complaint was filed, the applicant asked the Commission to consider a second competition posted October 22, 2007 as evidence of the discrimination which affected the first competition.

4To the extent that the applicant seeks to expand the present Application to challenge the second competition, this request is refused. The transitional rules provide that transitional applications must relate to the subject matter of the complaint filed with the Commission. However, to the extent that the applicant intends to rely upon the fact that the respondents advertised a competition on October 22, 2007 as evidence that the first competition was conducted in a discriminatory manner, that may be permitted. That decision will be left to the Member adjudicating the hearing.

5The applicant made a request to add Jane Sprott as a respondent to the Application on the basis that she was a member of the committee on the second competition. As that competition is not the subject matter of the present Application, the request to add Ms. Sprott is refused.