HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Victor Pak
Applicant
-and-
City of Toronto and John Janson
Respondents
-and-
Toronto Civic Employees Union, Local 416
Intervenor
A N D B E T W E E N:
Richard Vella
Applicant
-and-
City of Toronto, Stewart Morris and John Janson
Respondents
-and-
Toronto Civic Employees Union, Local 416
Intervenor
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Pak v. Toronto (City)
WRITTEN SUBMISSIONS BY
Victor Pak, Applicant ) Self-represented
Richard Vella, Applicant ) Self-represented
City of Toronto, Stewart Morris ) Zoya Trofimenko, Counsel and John Janson, Respondents )
Toronto Civic Employees Union, ) Ryan Goldvine, Counsel Local 416, Intervenor )
INTRODUCTION
1The applicants have filed Applications under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicants are paramedics and co-workers with the City of Toronto (“respondent employer”) Emergency Medical Services. The applicants allege that they have been subjected to discrimination and reprisal in employment, in particular in relation to the respondent employer’s uniform policies and practices and their efforts to seek uniform accommodation.
2The applicant Victor Pak (“Pak”) filed Application 2010-07445-I on November 23, 2010, alleging discrimination with respect to employment on the basis of disability. Pak filed a second Application (2011-09306-I) on July 5, 2011 alleging discrimination and reprisal with respect to employment on the basis of race, ancestry, place of origin, ethnic origin, disability and family status. Pak recently also filed a Request for Order During Proceedings requesting that the Tribunal seal his personal information.
3The respondents filed a Response to the first Pak Application on December 20, 2010 and a Response to the second Pak Application on August 22, 2011. The respondents raise concerns with respect to the timeliness of certain allegations and submit that the events with respect to 2008 should be struck from the Applications as out of time. The respondents have also requested that the Applications be deferred. With respect to the request to the seal the applicant’s personal information, the respondents make various submissions, including that the consolidation has rendered the issue moot.
4The applicant Richard Vella (“Vella”) filed Application 2011-08135-I on February 16, 2011, alleging discrimination and reprisal with respect to employment on the basis of disability. On August 26, 2011, Vella filed various requests, including a request to add personal respondents, additional allegations and augment the remedies sought.
5The respondents filed a Response to Vella’s Application on June 10, 2011. In their September 30, 2011 response to Vella’s various requests, the respondents submit that Vella’s Application should be deferred, that the personal respondents should be removed from the proceedings and that certain allegations should be struck because of alleged delay.
6With respect to the issue of delay, both applicants submit that the 2008 allegations are part of a series of continuing events in relation to the issue of accommodation and, therefore, are timely.