HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Wallance Lim
Applicant
-and-
Lorraine Siu, Luviminda Pangasanhan and Yuen-Yee Chow
Respondents
- and-
Canadian Union of Public Employees, Local 79
Intervenor
INTERIM Decision
Adjudicator: Ena Chadha
Indexed as: Lim v. Siu
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) on March 10, 2009 in which he alleges discrimination in the context of employment on the basis of disability, race, ethnic origin, and sexual orientation. The applicant also alleges reprisal or threat of reprisal.
2The respondents filed a Response on August 27, 2009 in which they identified the Canadian Union of Public Employees, Local 79 (“union”), as an affected party.
3On March 5, 2010, the union filed a Request to Intervene. The parties did not file submissions in response to this Request.
4On November 3, 2010, the applicant filed a Request for Order During Proceedings and subsequently filed his Statement of Delivery confirming this Request was delivered to the respondents and the union on February 14, 2011. The applicant requests that the Application be amended to include an additional allegation with respect to reprisal, specifically, that one of the personal respondents contacted the police about the applicant in order to reprise against him because of this Application. Neither the respondents, nor the union, filed submissions in response to this Request to amend the Application.
DECISION
Request to Intervene
5In accordance with the Tribunal’s standard practice where an applicant is a member of a bargaining unit represented by the union, the union’s request to intervene is granted. The style of cause is amended to add the union as an intervener.
Request to Amend
6Given that there has been no objection to the Request to amend, the Application is amended to include the additional allegation of reprisal.
7In these circumstances, the Tribunal orders as follows:
1.) The applicant’s Request to amend the Application is granted;
2.) Should the respondents wish to file an amended Response they are required to file their amended Response with the Tribunal, delivered to other parties, on or before April 1, 2011.
3.) The applicant may file an amended Reply with the Tribunal, delivered to the other parties, on or before April 8, 2011;
4.) On or before April 15, 2011, the parties and the intervenor are directed to write to the Tribunal, copied to each other, advising whether or not they are amenable to participating in mediation.
8I am not seized of this matter.
Dated at Toronto, this 11th day of March, 2011
Signed by” “
Ena Chadha
Vice-chair