Schmidt v. Toronto Transit Commission, 2010 HRTO 475

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Daniel Schmidt

Applicant

-and-

Toronto Transit Commission

Respondent

-and-

Amalgamated Transit Union, Local 113

Intervenor

INTERIM decision

Adjudicator: Brian Cook

Date: March 2, 2010

Citation: 2010 HRTO 475

Indexed as: Schmidt v. Toronto Transit Commission

1This Interim Decision deals with a request to remove a personal respondent and a request to grant intervenor status to a union. The Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), and alleges discrimination in employment on the grounds of disability.

2The Application named the Toronto Transit Commission and a personal respondent. The Application was served on the Amalgamated Transit Union, Local 113 (“the union”), as an interested party. The applicant and the union are both represented by the same counsel.

3The respondents asked that the personal respondent be removed as a respondent. Counsel for the applicant and the union advises that the applicant does not object to the removal of the personal respondent. The Tribunal agrees that it is appropriate to remove the personal respondent as a respondent to this Application and the style of cause has been amended accordingly.

4The union has indicated that it has an interest in the outcome of the Application and it appears to raise issues that may relate to the collective agreement. The applicant and the respondent have not opposed the union’s request that it be granted intervenor status.

5In the circumstances, I am satisfied that the union should be granted intervenor status on the terms it has requested.