HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paul Eugene Dyer
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by
the Ministry of Community Safety and Correctional Services
Respondent
-and-
Ontario Provincial Police Association
Intervenor
INTERIM DECISION
Adjudicator: Maureen Doyle
Indexed as: Dyer v. Ontario (Community Safety and Correctional Services)
1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant’s association, the Ontario Provincial Police Association (the “association”), has made a Request to Intervene. This request does not appear to have been dealt with and the purpose of this Interim Decision is to consider the Request to Intervene made by the applicant’s association.
2This decision also addresses the Respondent’s Request for an Order During Proceedings.
REQUEST TO INTERVENE
3In this Application, the applicant alleges discrimination in employment. The applicant alleges that the respondent discriminated against him on the basis of disability and age when it did not permit him to return to his position as canine handler and assigned him instead to administrative duties.
4The association is the bargaining agent for employees in the applicant’s workplace. Therefore, the Tribunal gave notice of the Application to the association.
5Neither the applicant nor the respondent has made submissions regarding the association’s request to intervene.
6The association submits that it seeks to intervene regarding the question of public interest remedies requested by the applicant because any such remedy may have ramifications for other bargaining unit members and their relationship with management. It advises that the only material facts upon which it will rely are what might be contained in the Application and Response and evidence presented at the hearing.
7The association seeks to intervene in accordance with Rules 11.2 and 11.3 of the Tribunal’s Rules of Procedure. The association has an interest in the outcome of the Application, including the remedial orders requested by the applicant. The association’s request to intervene is granted.
REQUEST FOR AN ORDER DURING PROCEEDINGS
8The respondent has requested an Order During Proceedings. It seeks dismissal of the Application pursuant to s. 45.1 of the Code, as it submits that there has been another proceeding which has appropriately dealt with the substance of the Application.
9The applicant opposes the respondent’s request to dismiss the Application pursuant to s. 45. 1 of the Code.
10The Application is scheduled for hearing July 12, 13, 14 and 28, 2011. The parties will come prepared to make submissions regarding the Request for an Order During Proceedings on the first scheduled day of the hearing and will also be prepared to proceed to a hearing on the merits of this Application at that time.
Dated at Toronto, this 5th day of July, 2011.
“Signed by”
Maureen Doyle
Vice-chair