Debby Reiner v. City of Sarnia and Ian Smith, 2012 HRTO 1402

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Debby Reiner Applicant

-and-

City of Sarnia and Ian Smith Respondents

-and-

Canadian Union of Public Employees and its Local 2713 Intervenor

INTERIM DECISION

Adjudicator: David Muir Date: July 17, 2012 Citation: 2012 HRTO 1402 Indexed as: Reiner v. Sarnia (City)

WRITTEN SUBMISSIONS

Debby Reiner, Applicant No one appearing

City of Sarnia and Ian Smith, Respondent(s) Stephen F. WIlson, Counsel

Canadian Union of Public Employees, Intervenor Paul O’Ryan, Counsel

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sexual orientation and association with a member of a protected group,

2This Interim Decision deals with a Request to Intervene (Form 5) filed by the applicant’s bargaining agent the Canadian Union of Public Employees and its Local 2713 (CUPE). The applicant has not responded to the Request. The respondents have filed a Response to the Request raising some concerns about CUPE’s position on the merits of the Application.

3The union is seeking to intervene on the basis that it has an interest in the outcome of the litigation. The union asserts, amongst other things, that if the Tribunal finds in favour of the applicant, the remedies ordered by the Tribunal could have a an impact on the union’s bargaining unit members including seniority rights.

4In the circumstances I am satisfied that the union should be granted intervenor status. I agree with the respondents’ concern that the union’s position on the merits of the Application is somewhat unclear and ought to be clarified however I do not believe that this concern is cause not to grant the Request at this stage, particularly given that the intervenor’s role in the proceeding will be determined by the Member presiding at the hearing..

5The Canadian Union of Public Employees and its Local 2713 is added to this Application as an intervenor. The Registrar will provide the union with copies of the materials filed by the parties to date. The parties are instructed to copy the union with any subsequent materials in this matter.

6The intervenor will deliver and file its complete response to question A5 on the Form 5 within 14 days of the date of this Interim Decision.

7The extent of the union’s participation in the hearing will be determined by the presiding Vice-chair or Member.

8I am not seized of this case.