Degen v. Toronto (City), 2010 HRTO 2496

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jurgen (Jerry) Degen

Applicant

-and-

City of Toronto

Respondent

InTERIM DECISION

Adjudicator: David A. Wright

Date: December 15, 2010

Citation: 2010 HRTO 2496

Indexed as: Degen v. Toronto (City)

1In a Case Assessment Direction dated October 20, 2010, the Tribunal held as follows:

This Application was adjourned by decision, dated June 23, 2009. In light of the decision in Hansen v. Toronto (City), 2010 HRTO 13, at para. 25, this matter was placed in abeyance until the decision in the preliminary matters in the Boyd case. That case is now scheduled for a hearing on the merits, to commence in June 2011. The Tribunal is of the view that it would not be fair, just and expeditious for this matter to continue to wait for the outcome in Boyd before dealing with preliminary issues.

In accordance with its powers under Rule 1.7, the Tribunal therefore makes the following directions:

1. If the applicant has any submissions as to why his request to add further personal respondents should not be dismissed in light of the Tribunal’s reasoning in Boyd v. Toronto (City), 2010 HRTO 607, he shall deliver to the respondents and file with the Tribunal such submissions by November 20, 2010. The respondents need not make submissions on the issue of personal respondents unless directed to do so by the Tribunal.

2. If the applicant takes the position that the Application should continue as against the Association, he shall deliver to the respondents and file with the Tribunal by November 20, 2010 complete written submissions explaining why, in his view, the Application as against the Association should not be dismissed on the basis of the reasoning in Boyd. The respondents need not make submissions on the issue of whether the Association should remain as a party unless directed to do so by the Tribunal.

2The deadline of November 20, 2010 was subsequently extended to December 13, 2010 at the request of the applicant’s representative. The applicant did not file any submissions by the deadline.

3As the applicant did not file any submissions, the applicant’s Request for Order to add further personal respondents is dismissed and the Toronto Professional Fire Fighters’ Association is removed as a respondent to this Application and the style of cause is amended accordingly.

4I am not seized.