Jinshu Xu v. Georgian College of Applied Arts and Technology, 2010 HRTO 1009

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jinshu Xu

Applicant

-and-

Georgian College of Applied Arts and Technology, Betty McCoppen, Robert Emptage and Joyce Goheen

Respondents

-and-

Ron Sky

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: May 6, 2010

Citation: 2010 HRTO 1009

Indexed as: Xu v. Georgian College of Applied Arts and Technology

1This is an Application filed on 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”). The hearing in this matter is scheduled for June 14, 2010.

2Ron Sky has filed a Request to Intervene to which the applicant has not objected. The respondents did not file an objection. On the contrary, respondents’ counsel is also representing Mr. Sky.

3The applicant is seeking as a remedy that he be given the position of Professor of Mechanical Engineering, Automotive Manufacturing, a position which Mr. Sky was awarded following an employment competition. If the applicant is successful in his Application and request for remedy, Mr. Sky will be affected.

4The Tribunal’s Rule 11.2 provides:

11.1 The Tribunal may allow a person or organization to intervene in any case at any time on such terms as the Tribunal may determine. The Tribunal will determine the extent to which an intervenor will be permitted to participate in a proceeding.

5In light of the potential effect on Mr. Sky, it is appropriate to grant him status as an intervenor at the hearing. The Request to Intervene is granted. The extent of Mr. Sky’s participation in the hearing will be determined by the adjudicator who presides over those proceedings. However, if Mr. Sky does intend to seek leave to present any evidence, or rely upon any documents, he must file a statement of intended evidence and produce such documents days before the scheduled date of hearing.