HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephen Miller

Applicant

-and-

City of Toronto

Respondent

-and-

Toronto Civic Employees’ Union, Local 416 (CUPE)

Intervenor

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: October 22, 2012

Citation: 2012 HRTO 1999

Indexed as: Miller v. Toronto (City)

WRITTEN SUBMISSIONS

Toronto Civic Employees’ Union, Local 416 (CUPE), Intervenor

Ryan Goldvine, Counsel

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 record of offences.

2This Interim Decision addresses a Request by the Toronto Civic Employees’ Union, Local 416 (CUPE) (the “union”) to intervene in the Application. The union is the certified bargaining agent for the applicant’s workplace.

3The union is seeking to intervene on the basis that it has an interest in the outcome of the litigation. The union asserts that if the Tribunal finds in favour of the applicant, the remedies ordered by the Tribunal may the impact the Applicant, other union members or the interpretation, application or implementation of the collective agreement with the respondent.

4The Request to Intervene was delivered to the applicant as well as the corporate and individually named respondents. Neither responded to the union’s Request to Intervene and the time for doing so has passed.

5In the circumstances I am satisfied that the union should be granted intervenor status.

ORDER

6The union 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.

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

8I am not seized of this matter.