HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gawain Coley
Applicant
-and-
The Regional Municipality of Peel Police Services Board
Respondent
Interim decisiON
Adjudicator: David Muir
Indexed as: Coley v. Regional Municipality of Peel Police Services Board
1This is an Application filed June 30, 2009, under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with a Request by the applicant that this Application be consolidated with another which the applicant has filed pursuant to section 34 of the Code. This is the second request made by the applicant in this regard: see 2010 HRTO 1212. The respondent objects to this request and states that the Tribunal has already dealt with this issue.
2The allegations in the complaint underlying this Application relate to an incident of alleged misconduct by two police officers in May 2006. The allegations in the new Application relate to an incident involving the same police force, but different individuals, which the applicant states occurred in 2010, but must have taken place in a prior year, likely 2009.
3Although it appears that the applicant has now filed his new Application, the respondents state that they have not yet been served with it. The respondents state that they are in no position to investigate or respond to the allegations in the new Application. In short, other than the applicant having now filed a new Application, nothing has changed since the first request.
4I find that it would be inappropriate to consolidate the two Applications. As indicated in 2010 HRTO 1212, the practical effect of granting the applicant’s request would be the cancellation of the September hearing date and its re-scheduling several months from now. Moreover, the allegations in the two Applications are unconnected to each other in any meaningful way and I find that it would not be fair, just or expeditious to consolidate them at this late date.
5The Request to consolidate is dismissed.
6I am not seized.
Dated at Toronto, this 2nd day of September, 2010.
“Signed by”
David Muir
Vice-chair