HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lewis Carroll
Applicant
-and-
Thames Valley District School Board
Respondent
and
Elementary Teachers’ Federation of Ontario Thames Valley Local
Intervenor
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Carroll v. Thames Valley District School Board
WRITTEN SUBMISSIONS
Lewis Carroll, Applicant
Self-represented
Thames Valley District School Board, Respondent
Peter J. Thorup, Counsel
Elementary Teachers’ Federation of Ontario
Mandy Wojcik, 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 disability.
2In the Response the respondent indicates that there is an outstanding grievance which was filed on July 4, 2012 which overlaps with the allegations made in the Application. The respondent seeks the deferral of the Application pending the conclusion of the grievance and arbitration proceedings.
3On August 14, 2012, the applicant filed a Form 10, Request for an Order During Proceedings asking the Tribunal to defer the Application pending the conclusion of the grievance and arbitration proceedings.
4On September 4, 2012, the Tribunal received a Form 5 Request to Intervene filed on behalf the Elementary Teachers’ Federation of Ontario Thames Valley Local (the “Union”) in which they request to be given notice of any step in the Tribunal proceedings. In the Request to Intervene the Union also takes the position that the Application should be deferred pending the conclusion of the grievance and arbitration proceedings.
5Neither the applicant nor the respondent filed a Form 11, response to the Union’s Request to Intervene and therefore it is unopposed.
REQUEST TO INTERVENE
6In Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131, the Tribunal found that absent exceptional circumstances, the applicant’s bargaining agent will be granted intervenor status in Tribunal proceedings upon its request.
7The Request to Intervene is granted and the Union is granted Intervenor status. The extent of the union’s participation in any future proceedings will be determined by the Vice-chair or Member who presides over those proceedings.
DEFERRAL
8The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). The Tribunal must consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.
9Applying these principles to this case, and in light of the consent of the parties, it is appropriate to defer this Application pending the completion of the grievance and arbitration proceedings.
ORDER
10The Tribunal orders as follows:
a. The Request to Intervene is granted and the Elementary Teachers’ Federation of Ontario Thames Valley Local, and accordingly the style of cause shall be amended; and
b. The Application is deferred pending the conclusion of the grievance and arbitration proceeding.
11The Tribunal directs the parties’ attention to Rule 14 of the Tribunal’s Rules of Procedure which sets out the procedure if a party wishes to proceed with an application that has been deferred pending the conclusion of another proceeding.
12I am not seized.
Dated at Toronto, this 22nd day of October, 2012.
“Signed by”
Geneviève Debané
Vice-chair