Corrigan v. Mississauga (City), 2012 HRTO 1514

Human Rights Tribunal of Ontario

B E T W E E N:

Thomas Corrigan, Terence Finnigan, Larry McPhail, Larry Francis, Ronald Baron, George Williams, William Reiach, Paul Hunter, John Wilcox and James Donald

Applicants

-and-

Corporation of the City of Mississauga and Mississauga Fire Fighters’ Association Local 1212

Respondents

-and-

Mississauga Fire Fighters’ Association

Intervenor

INTERIM DECISION

Adjudicator: David A. Wright

Date: August 2, 2012

Citation: 2012 HRTO 1514

Indexed as: Corrigan v. Mississauga (City)

WRITTEN SUBMISSIONS

Thomas Corrigan, Terence Finnigan, Larry McPhail, Larry Francis, Ronald Baron, George Williams, William Reiach, Paul Hunter, John Wilcox and James Donald, Applicants

Julian Falconer and Asha James, Counsel

The Corporation of the City of Mississauga, Respondent

Patty Murray and Laurie A. Reesor, Counsel

Mississauga Fire Fighters’ Association, Respondent and Intervenor

Howard Goldblatt and Stephanie Hobbs, Counsel

1These are Applications under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination in respect of employment because of age as a result of a change to the manner in which mandatory retirement at age 60 has been implemented in the City of Mississauga Fire Service.

2On agreement of all parties, the Applications are consolidated.

3The Association was not named as a respondent in File Nos. 2011-09947-I and 2011-09952-I, and seeks to intervene in those cases. The request is unopposed, is appropriate, and is granted.

4The respondents have requested summary hearings pursuant to Rule 19A and the applicant has responded to this Request. I anticipate that the parties may wish to make further submissions on this issue before a decision is made in light of the Decision in Gill v. Hamilton Professional Fire Fighters’ Association, 2012 HRTO 1506. The City and Association may file any further submissions within three weeks of the date of this Interim Decision. The applicants may file any further submissions within six weeks of the date of this Interim Decision.