Meredith v. Ontario (Community Safety and Correctional Services), 2009 HRTO 626

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Josh Meredith

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services (Ontario Provincial Police)

and John Jones

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: May 13, 2008

Citation: 2009 HRTO 626

Indexed as: Meredith v. Ontario (Community Safety and Correctional Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on November 11, 2008. He alleged the organizational respondent, Brockville Police Service, and individual respondent, John Jones, had discriminated against him in the area of goods, services or facilities on the basis of race, colour, ancestry, ethnic origin, age and association with a person identified by one or more of these grounds.

Removal of Respondent

2On December 16, 2008, the organizational respondent filed its Response in which it alleged that it had been improperly named. In support of its position, it stated that the applicant’s allegations have “nothing to do with the Brockville Police Service” and that the officer named as the individual respondent is a member of the Ontario Provincial Police (“OPP”) posted in Brockville, not the Brockville Police Service. It named the OPP as an additional respondent. The Tribunal subsequently served the Application on the Ministry of Community Safety and Correctional Services, representing the OPP and the individual respondent, who filed their Response on February 13, 2009.

3In his Reply, dated March 9, 2009, the applicant conceded that the allegations contained in his Application relate to the OPP and consented to the request by the Brockville Police Service to be removed as a respondent in this matter.

Consolidation

4The respondent OPP has also made a Request pursuant to Rule 1.7(d) that the Tribunal order that this matter be consolidated and heard together with an Application arising out of the same facts filed against the same respondents by a different applicant in the matter of Tribunal File No. 2008-00745-I. The applicants in both Applications have consented to this Request. Given that the parties have all agreed to mediation, it is appropriate for the matters to be scheduled for mediation together. The Tribunal will deal with the respondents’ Request following mediation if necessary.

Order

5The respondent Brockville Police Service is removed as a respondent in this matter and the style of cause is amended accordingly.

6The Registrar will schedule a joint mediation with File No. 2008-00745-I.

7I am not seized of this matter.