HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kamila Videla
Applicant
-and-
Maple Leaf Sports and Entertainment Ltd. and Marc Raymond
Respondents
-and-
Teamsters Local Union 847
Intervenor
INTERIM DECISION
Adjudicator: Eric Whist
Indexed as: Videla v. Maple Leaf Sports and Entertainment
1This is an Application filed on April 24, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). This Interim Decision deals with several Requests for Orders during Proceedings that have been made.
2The parties have agreed to mediation and a mediation date has been set. The Notice of Mediation sent to the parties acknowledges that the various requests the parties have made and states that these Requests will be considered by the Tribunal if the parties are unable to resolve the application through mediation. However, it appears there are two decisions that can be made now that would facilitate the mediation process.
3The original Application names the Maple Leaf Sports and Entertainment Ltd. as a corporate respondent and eight personal respondents. Since filing her Application the applicant has made two Requests for an Order during Proceedings. to request that four of the eight personal respondents be removed. On February 5, 2010 the applicant wrote to the Tribunal to indicate that she wishes to remove all personal respondents with the exception of Marc Raymond. The respondents have not objected to the applicant’s Requests. The Tribunal accepts the applicant’s Requests to remove seven personal respondents and the style of cause has been amended accordingly.
4Teamsters Local Union 847 has made a Request to Intervene. The union, which is the applicant’s bargaining agent, asks that it be permitted to file pleadings, participate in mediation and, if necessary, present evidence and argument at any hearing in this matter.
5The Tribunal is satisfied that the union has an interest in the issues raised by the Application although some of this interest may change now that the three union members who were named as personal respondents have been removed as respondents. The Request to Intervene is granted. The extent and nature of the union’s participation at the mediation will need to be determined. This is generally done at the time of the mediation. If the matter proceeds to a hearing, the extent and nature of the union’s participation will be determined by the presiding Vice-chair.
6The further Request made by the applicant for the production of documents is more appropriately dealt with after the mediation, if need be.
7I am not seized of this matter.
Dated at Toronto, this 3rd day of March, 2010.
“Signed by”
Eric Whist
Vice-chair