Persaud v. Toronto Community Housing Corporation, 2009 HRTO 889

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ghiansaroop Persaud

Applicant

-and-

Toronto Community Housing Corporation, Toronto Civic Employees’ Union, Local 416 CUPE, Derek Ballantyne, Mark Ferguson and Brian Cochrane

Respondents

INTERIM decision

Adjudicator: Brian Cook

Date: June 19, 2009

Citation: 2009 HRTO 889

Indexed as: Persaud v. Toronto Community Housing Corporation

1This Interim Decision deals with the fact that one of the personal respondents has not filed a Response with the Tribunal. The Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), and alleges discrimination on the grounds of race, colour and disability. An earlier Interim Decision, 2009 HRTO 263, extended the time for filing a Response.

2The Tribunal has received a Response from Toronto Community Housing Corporation and Derek Ballantyne. A Response has also been received from the Toronto Civic Employees Union, Local 416 (the “union”) and Mark Ferguson. Mr. Ferguson is the current union president. A Response has not been received from Brian Cochrane. Mr. Cochrane is the past president of the union. The union has advised that Mr. Cochrane has retired from his union position and his employment.

3The Tribunal sent a copy of the Application to the organizational respondents and the personal respondents at the address provided by the applicant. The copy sent to Mr. Cochrane was sent to the mailing address for the union. The union is directed to provide the Tribunal with contact information for Mr. Cochrane within five days of this decision. The Tribunal will then forward a copy of the Application to Mr. Cochrane.

4All the other parties have indicated a willingness to participate in mediation. The Tribunal will proceed to schedule a date for mediation without waiting for a Response from Mr. Cochrane.