Harrinauth Deesasan v. Toronto Police Services Board, 2009 HRTO 2015

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Harrinauth Deesasan

Complainant

-and-

Ontario Human Rights Commission

Commission

-and-

Toronto Police Services Board and Chief of Police, Toronto Police Service

Respondents

interim DECISION

Adjudicator: David A. Wright

Date: November 25, 2009

Citation: 2009 HRTO 2015

Indexed as: Deesasan v. Toronto Police Services Board

APPEARANCES

Harrinauth Deesasan, Complainant ) Devika J. Ratnayake, ) Counsel

Ontario Human Rights Commission ) Prabhu Rajan, ) Counsel

Toronto Police Services Board, Respondent ) Kirsten Franz, ) Counsel

Chief of Police, Toronto Police Service, Respondent ) Rebecca Bush, ) Counsel

1This Interim Decision confirms the agreement of the parties regarding the identity of the respondents.

2Following the Tribunal’s Interim Decision, 2009 HRTO 687, the complainant and Commission brought a Request for Order During Proceedings to add further officers as personal respondents.

3Counsel for all parties entered into discussions which resulted in an undertaking by the Chief of Police, City of Toronto, that in the event that any liability is found against the named officers or proposed officers, the Office of the Chief of Police will accept liability. Accordingly, the complainant and Commission agreed to withdraw their Request for Order and consented to the removal of the existing personal respondents.

4I am grateful for the efforts and cooperation of the parties and their counsel in resolving these issues.

ORDER

5All named individuals are removed as respondents and the style of cause is amended accordingly. The style of cause shall also be amended to name the Chief of Police, Toronto Police Service as a respondent.

6By December 4, 2009, counsel for the complainant shall advise the Tribunal of six possible hearing dates available to all parties. The Tribunal will schedule three hearing dates.