Painter v. Toronto District School Board, 2012 HRTO 2311

Human Rights Tribunal of Ontario

Between:

Mark Painter Applicant

-and-

Toronto District School Board Respondent

-and-

Elementary Teachers’ Federation of Ontario Intervenor

Interim Decision

Adjudicator: Sheri Price Date: December 7, 2012 Citation: 2012 HRTO 2311 Indexed as: Painter v. Toronto District School Board

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant is employed by the respondent. He is represented in that employment by a trade union, Elementary Teachers’ Federation of Ontario (“ETFO”), which filed a Request to Intervene in the Application on October 26, 2012.

2The respondent consents to the Request to Intervene.

3The applicant has no objection to the ETFO intervening at the remedy stage of the proceeding, for the purpose of making submissions with respect to the impact that potential remedies may have on other employees represented by the union. The applicant objects, however, to the ETFO’s participation in the liability portion of the proceeding. The applicant submits that he is concerned that the union’s participation will unduly delay the hearing and thus add to the expense of the hearing. In addition, the applicant submits that the union lacks a sufficient interest in the Application to be entitled to intervene in the liability portion of the hearing.

4The Tribunal has found on numerous occasions that a union nearly always has an interest in an application brought by a member of one of its bargaining units and that, absent exceptional circumstances, will be granted intervention status when it requests it. See Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131, at para. 13, and cases citing that decision.

5Having considered the parties’ submissions, I see no reason in this case to depart from the Tribunal’s established practice regarding the granting of intervenor status when the applicant is represented by a trade union. As the applicant’s exclusive bargaining agent with respect to the terms and conditions of his employment by the respondent, I am satisfied that ETFO has an interest in the Application and that it ought to be permitted to intervene in the Application.

6ETFO’s Request to Intervene in the Application is granted. The extent and nature of ETFO’s participation in the hearing will be determined by the adjudicator assigned to hear the Application.

7I am not seized of this matter.