Jordan v. Toronto Community Housing Corporation, 2011 HRTO 48

Human Rights Tribunal of Ontario

B E T W E E N:

Gerald Jordan Applicant

-and-

Toronto Community Housing Corporation and Toronto Civic Employees’ Union Local 416 Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin Date: January 6, 2011 Citation: 2011 HRTO 48 Indexed as: Jordan v. Toronto Community Housing Corporation

1This is an Application filed on June 2, 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 addresses a Form 10 seeking an amendment of remedy and provides directions regarding the continuation of the Application.

2The Application first proceeded to hearing on June 22, 2010 for the purpose of addressing a number of preliminary issues including whether the Application should be dismissed in part on the basis of delay and section 45.1 and whether the Tribunal should defer those parts of the Application where there were related grievances. At the hearing, the applicant withdrew his allegations that predated November 2008. As a result, the alternative requests that the Application be dismissed, in whole or in part on the basis of section 45.1 or delay, became moot.

3On June 29, 2010, the Tribunal issued a Case Assessment Direction confirming various directions regarding the continuation of this hearing including that the applicant would file a Form 10 setting out a revised statement of his remedies; the union would advise on the status of outstanding grievances; and disclosure would occur in accordance with various deadlines (which for the most part were ordered on consent of the parties).

4On July 2, 2010, the applicant filed a Form 10 requesting that his remedy be amended to the following:

Financial Remedy

• $30,000 for injury to dignity, feelings and self-respect as a result of the failure to accommodate my disability and reprisal; and

• Compensation for lost income (precise figure to be calculated) beginning September 2009 and ongoing, minus LTD benefits received;

Public Interest Remedy

• Hire a third party consultant to review the human rights policy of the respondent as it relates to the accommodation of employees with disabilities. Review to be completed within 30 days of the Tribunal’s decision. Implementation and training of all management and staff to be completed within 90 days of the Tribunal’s Order.

5The Tribunal has not received a response to the Form 10 from either respondent and the time frame for responding has elapsed.

6On August 12, 2010, the union wrote to the Tribunal confirming that the union would not be proceeding to arbitration with the related grievances, which I presume makes the request to defer moot.

7All parties have requested mediation. As a result, the Application has been forwarded to the Registrar for scheduling of mediation.

8Having regard to the foregoing, the Application is amended to include the revised remedies as set out above. In addition, the disclosure deadlines are suspended pending the parties’ participation in mediation. Should the Application not resolve at mediation, I will set new disclosure deadlines in accordance with the timetable originally agreed to.