Marshall v. Durham Regional Police Service, 2009 HRTO 2206

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Charmaine Marshall

Applicant

-and-

Durham Regional Police Service and Glen Turpin

Respondents

AND BETWEEN:

Charmaine Marshall

Applicant

-and-

Lakeridge Health Corporation and Erik Paidra

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 18 2009

Citation: 2009 HRTO 2206

Indexed as: Marshall v. Durham Regional Police Service ____________________________________________________________________________

1These are two Applications filed June 26, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) filed against the Durham Regional Police Service and Glen Turpin (“police respondents”) and Lakeridge Health Corporation (“Lakeridge”) and Erik Paidra.

2The Applications relate to the applicant’s arrest by the police respondents in July 2006 and subsequent transfer to the Lakeridge facility. The applicant asserts that all the respondents discriminated against her on the basis of disability during the course of the arrest, and upon transfer, at the Lakeridge facility.

3The applicant opposes processing the Applications together.

4The 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.

5These Applications involve similar and related facts and appear to raise similar legal issues. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, these applications should proceed together.

6Accordingly, the Tribunal will process the Applications together.

7Mediation is currently scheduled for January 19, 2010.

8I am not seized.