Frankson v. Workplace Safety and Insurance Board, 2010 HRTO 1642

Human Rights Tribunal of Ontario

B E T W E E N:

Mike Frankson Applicant

-and-

Workplace Safety and Insurance Board Respondent

-and-

Office of the Worker Advisor Intervenor

INTERIM DECISION

Adjudicator: Sherry Liang Date: August 4, 2010 Citation: 2010 HRTO 1642 Indexed as: Frankson v. Workplace Safety and Insurance Board

1This Application, made under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), has been scheduled for a hearing on October 4, 5 and 6, 2010.

2The purpose of this Interim Decision is to determine a Request for an Order During Proceedings, made by the applicant, and a Request to Intervene, made by the Office of the Worker Advisor.

REQUEST TO INTERVENE

3The Office of the Worker Advisor (OWA) states that it proposes to intervene to address the issue of the Tribunal’s jurisdiction to deal with this Application. It does not take a position on the merits of the Application.

4The OWA describes its role and its participation in cases involving injured workers, including interventions at the Workplace Safety and Insurance Appeals Tribunal (WSIAT) and its predecessor, on systemic issues arising under the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A and previous legislation.

5The OWA submits that the issue of whether the matters covered by this Application are within the jurisdiction of the Tribunal is an important systemic issue. It states that in the early stages of the Tribunal’s development of its jurisprudence on this issue, its intervention would be valuable in understanding the context within which benefits are provided to injured workers by the Workplace Safety and Insurance Board (WSIB).

6The OWA sets out the material facts on which it will rely at the hearing of this issue. It seeks full participation on the jurisdictional issue, including the opportunity to present evidence and to cross-examine any witnesses on this issue.

7The applicant consents to the Request to Intervene. The respondent did not file a Response.

8In the circumstances, the Tribunal grants the Request to Intervene, on the terms proposed.

9The Intervenor may request copies of relevant Application documents from the Registrar. The Tribunal further directs as follows:

• On or before Monday, August 30, 2010, the Intervenor shall provide to the parties and the Tribunal any documents on which it intends to rely at the hearing of this Application;

• At the same time, the Intervenor shall provide affidavits from any proposed witnesses setting out any additional evidence it intends to rely on.

• On or before Monday, September 13, 2010, the other parties shall indicate whether they dispute any of the factual assertions in the Intervenor’s affidavits.

10The Tribunal may make further Case Assessment Directions in this matter.

REQUEST TO AMEND APPLICATION

11The applicant seeks to amend the Application to:

• Change the financial remedy requested from $500,000 to “financially support” him and his wife to $20,000 in general damages for injury to dignity, self-respect and feelings;

• Change the public interest remedy requested.

12The respondent has not filed a Response to the Request. Having regard to the nature of the amendments, the stage at which the Request is made, and the absence of any apparent prejudice, the Tribunal grants the Request.