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Houdeh Houshangi v. Ontario Power Generation Inc. and Lloyd Spitzig, 2009 HRTO 364 — HRTO | minicounsel | minicounsel

March 30, 2009

Houdeh Houshangi v. Ontario Power Generation Inc. and Lloyd Spitzig, 2009 HRTO 364

Case Summary

The Society of Energy Professionals filed a Request to Intervene in the application, stating it is the union to which the respondent belongs. The Tribunal dismissed the request, finding that the Society failed to set out a sufficient basis for participating, did not adequately explain its relationship with the applicant or another named individual, and failed to specify the terms on which it wished to participate.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Houdeh Houshangi

Applicant

-and-

Ontario Power Generation Inc.

and Lloyd Spitzig

Respondents

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: March 30, 2009

Citation: 2009 HRTO 364

Indexed as: Houshangi v. Ontario Power Generation

[1] This Interim Decision addresses a Request to Intervene by the Society of Energy Professionals (the “Society”).

[2] In the Request, the Society states that it is the union to which the respondent Lloyd Spitzig belongs. The respondent Ontario Power Generation Inc. filed a Response indicating that it does not oppose the Request. No submissions were received from the applicant.

[3] In my view the Society has not set out a sufficient basis for participating in this Application. The Request simply states that “deliberations could potentially impact upon employees that are represented by the Society”. The Request does not provide any information with respect to the Society’s relationship with the applicant beyond the fact that representatives of the Society met with her to review her allegations very shortly following the end of her employment with the respondent Ontario Power Generation Inc. In addition, the Society expresses an interest in allegations that have been made against Feizal Kanji without establishing Mr. Kanji’s identity and the relationship between the Society and Mr. Kanji. The Society has also failed to set out the terms on which it wishes to participate including whether it intends to call evidence, cross-examine witnesses and participate in submissions.

[4] Accordingly, the Request for Intervention is dismissed.

[5] I am not seized of this matter.

Dated at Toronto, this 30^th day of March, 2009.

“Signed by”

Leslie Reaume

Vice-chair