Human Rights Tribunal of Ontario
B E T W E E N:
Antonio (Tony) Borraro
Applicant
-and-
Greater Sudbury Police Service and Stephanie Usitalo
Respondents
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Borraro v. Greater Sudbury Police Service
1The applicant filed an Application under Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination in services on the basis of race, ancestry, sex and sexual orientation. At the same time, he also filed a Request to Expedite Proceedings (Form 14). This Interim Decision addresses the request to expedite.
2The applicant filed another Application and Form 14 with respect to related allegations. The Interim Decision denying the request to expedite that companion Application was issued on December 29, 2008. [see Borraro v. Greater Sudbury Police Service, 2008 HRTO 435]
3The expedited hearing process is available where the circumstances of an application “require an urgent resolution of the issues in dispute.” [see Rule 21.1 of the Tribunal’s Rules of Procedure] Thus, when requesting an expedited proceeding, “the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process.” [see Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53]
4It would appear from this Application, which was filed on November 25, 2008, that the applicant was arrested on March 25, 2008, taken into custody and subsequently released. The Application states further that the charges against the applicant were withdrawn on May 9, 2008. The applicant alleges that his arrest and detention were discriminatory.
5Having reviewed the materials filed by the applicant (the respondents did not respond), there is no basis for concluding that the circumstances in this matter are urgent requiring the resolution of his dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process. Accordingly, the applicant’s request to expedite is denied.
6I am not seized of this matter.
Dated at Toronto, this 9th day of January, 2009.
“Signed by”
Naomi Overend
Vice-Chair