Macanovic v. Toronto Police Services Board, 2009 HRTO 183

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jemila Macanovic Applicant

-and-

Toronto Police Services Board Respondent

INTERIM decision

Adjudicator: Sherry Liang Date: February 20, 2009 Citation: 2009 HRTO 183 Indexed as: Macanovic v. Toronto Police Services Board

1This is an Application dated January 30, 2009, received by the Tribunal on February 6, 2009. The Application is made under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (“the Code”). In addition to the Application form, the applicant has submitted a statement titled “Amended Complaint.”

2In the Application, the applicant indicates that the facts of this Application are part of another proceeding still in progress. The applicant refers to Tribunal File HR-1393-07, stating that it is an outstanding complaint that addresses these issues.

3Tribunal File HR-1393-07, which also names the Toronto Police Services Board as the respondent, has been scheduled for a hearing on March 5, 2009 to address preliminary issues. Those issues, as described in the Tribunal’s earlier Interim Decision 2008 HRTO 220, are:

• The Commission and the complainant’s requests for further production of documents from the respondent and/or the Chief of Police.
• The respondent’s request for further particulars of certain allegations in the pleadings.
• The respondent’s request to strike out certain portions of the pleadings, on the basis that they raise issues that form the basis of other complaints with the Commission, are not within the scope of the original complaint, or are insufficiently particularized. In this regard, the Tribunal will consider the request by the complainant to have all her complaints against the respondent heard together as part of the current complaint.
• The order in which the Tribunal ought to determine the above issues.

4It appears from the Application that there is at least some overlap between the subject matter of the Application and the subject matter of Tribunal File HR-1393-07. There may also be overlap with other complaints filed by the complainant with the Commission. The Tribunal finds it appropriate to direct that this Application be brought before it at the hearing on March 5, 2009. The Tribunal will hear the parties’ submissions as to the appropriate manner of proceeding with this Application given its relationship to the other Tribunal file and complaints.

5The Tribunal therefore makes the following directions:

1. This Application will be scheduled for hearing on March 5, 2009, along with Tribunal File HR-1393-07, for the purpose of determining the appropriate manner of dealing with it. This hearing will take place at the Tribunal’s Hearing Centre at 655 Bay Street, 14th Floor, Toronto, Ontario, commencing at 9:30 a.m.

2. A copy of the Application (along with the “Amended Complaint”) is to be sent to the respondent and other participants in Tribunal File HR-1393-07. The respondent is not required to file a Response at this time.

3. A copy of this decision is to be sent to the respondent and other participants in Tribunal File HR-1393-07.

4. The Registrar is directed to place a copy of this decision in Tribunal file HR-1393-07.