HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jean-Yves Bernard
Applicant
-and-
Patricia Jasen, Jennifer Roth, Pamela Wakewich, Jane Nicholas,
Kristin Burnett, Constance Russell, and Lori Chambers
Respondents
-and-
Lakehead University
Intervenor
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Bernard v. Jasen
APPEARANCES
Jean-Yves Bernard, Applicant
Self-represented
Lakehead University, Intervenor
Barry Kuretzky, Counsel
1The applicant has filed seven Applications against individuals who are former co-workers.
2In a Case Assessment Direction dated June 12, 2013, I directed that the applicant’s employer Lakehead University and his Union the Lakehead Faculty Association be given Notice of the Application.
Request to Intervene
3On July 18, 2013, Lakehead University filed a Form 5, Request to Intervene, in which it takes the position, amongst other things, that it would be an abuse of the Tribunal’s process to let the Applications proceed. Lakehead University asserts that the applicant filed two Applications which were resolved by Minutes of Settlement which contain a release that bars the applicant from filing these seven Applications. The respondents are not signatories to the Minutes of Settlement and do not possess a copy of this document.
4The applicant filed submissions opposing Lakehead University’s Request to intervene in which he discusses recent events which he considers to be reprisals. Further, he asserts that Lakehead University recently terminated his employment so it is no longer his employer. The applicant believes that his former employer should remain neutral.
5The Tribunal grants Lakehead University’s Request to intervene. I find in these circumstances that Lakehead University has an interest in the Application, especially in light of the fact that it is signatory to the Minutes of Settlement. Further, I note that Lakehead University would be directly impacted by some of the remedies sought by the applicant, including that the respondents no longer participate in committees that may have an influence on his career, that they remain 20 meters from him, and that apologies be posted in the workplace.
The Minutes of Settlement
6Lakehead University has not filed with the Tribunal a copy of the Minutes of Settlement, which is necessary to assess whether this document precludes the applicant from filing the seven Applications. Based on the submissions of both the parties, it appears that the respondents have not seen this document and that there may be some confidentiality that attaches to the document. I find that it is appropriate for the Tribunal to give directions about the filing of the Minutes of Settlement.
The Preliminary Hearing
7The Registrar will schedule a half-day summary hearing by conference call to deal with the preliminary issues identified below. No evidence will be called during the hearing. During the summary hearing, the Tribunal will not address the issues raised by the respondents which are captured at paragraphs 11 to 18 of its submissions and which deal with the status of various grievances and the Noonan report.
Orders
8The Tribunal orders:
a. Lakehead University’s Request to intervene is granted and the style of cause shall be immediately amended to reflect this change;
b. Within seven days of the date of this Interim Decision the intervenor shall deliver to the applicant and file with the Tribunal;
i. An unredacted copy of the Minutes of Settlement; and
ii. A redacted copy of the Minutes of Settlement which it proposes could be sent to the respondents.
c. Within seven days of the date of this Interim Decision the applicant shall deliver to the intervenor and file with the Tribunal:
i. An unredacted copy of the Minutes of Settlement; and
ii. A redacted copy of the Minutes of Settlement which he proposes could be sent to the respondents.
iii. Neither the applicant nor the intervenor are to deliver these Minutes of Settlement to any of the respondents until directed to do so by the Tribunal.
d. Within 14 days of the date of this Interim Decision the applicant shall provide written submissions with respect to the intervenor’s position that the Minutes of Settlement prevent him from filing the seven Applications.
e. The Registrar shall schedule a half-day summary hearing via telephone conference to address the following issues:
i. Whether the seven Applications should be dismissed as an abuse of process and/or because the applicant entered into Minutes of Settlement;
ii. Whether all and/or part of the Applications should be dismissed on the basis that they have no reasonable prospect of success; and
iii. Whether all or part of the Applications should be dismissed on the basis of delay.
f. The parties shall deliver to each other and file with the Tribunal copies of any further documents or cases they intend to rely upon no later than 28 days prior to the teleconference.
9I am not seized.
Dated at Toronto, this 13th day of August, 2013.
“Signed by”
Geneviève Debané
Vice-chair