XY v. Ontario (Government and Consumer Services), 2010 HRTO 2138

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

XY

Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Minister of Government and Consumer Services

Respondent

-and-

Ontario Human Rights Commission

Intervenor

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: October 22, 2010

Citation: 2010 HRTO 2138

Indexed as: XY v. Ontario (Government and Consumer Services)

1This is an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990 c. H.19, as amended (“the Code”) alleging discrimination on the basis of sex (gender identity), inter alia, in respect of services.

2The Ontario Human Rights Commission (“the Commission”) has filed a Request to Intervene (“the Request”) in this Application on consent of the applicant. The respondent does not oppose the request.

3The Commission’s Request to intervene is granted pursuant to s. 37(2) of the Code, which states that the Commission may intervene as a party to an Application under section 34 of the Code if the applicant consents to the intervention. The style of cause is amended to reflect that the Commission has been added as a party to this proceeding.

4The Commission seeks to intervene by making written submissions on the specific issues identified in its Request, primarily with respect to the interpretation and application of s. 14 of the Code (special programs). Counsel for the applicant has advised the Tribunal that the Commission, the applicant and the respondent are all agreeable to having the Commission deliver and file its written submissions on the issues in question by November 12, 2010. In accordance with the agreement of the parties, the Commission is directed to deliver to the other parties and to file with the Tribunal its written submissions on the issues in question by no later than November 12, 2010.