Tashany Davidson v. The Corporation of the City of Brampton, 2013 HRTO 1705

Human Rights Tribunal of Ontario

B E T W E E N:

Tashany Davidson Applicant

-and-

The Corporation of the City of Brampton Respondent

-and-

Amalgamated Transit Union, Local 1573 Intervenor

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: October 9, 2013 Citation: 2013 HRTO 1705 Indexed as: Davidson v. Brampton (City)

Reasons for Decision

1The purpose of this Interim Decision is to determine whether the Amalgamated Transit Union, Local 1573’s Request to Intervene should be granted.

2On January 23, 2013, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, which alleged that the respondent discriminated against her with respect to employment because of her disability. She stated that she was a member of the Amalgamated Transit Union at the time of the alleged discrimination.

3On March 18, 2013, the respondent filed a Response, which denied the allegation of discrimination.

4On March 20, 2013, the Amalgamated Transit Union, Local 1573 filed a Request to Intervene. Neither the applicant nor the respondent filed a Response to the Request, and the time for doing so has now passed.

5Rule 11.1 of the Tribunal’s Rules of Procedure provides that the Tribunal may allow a person or organization to intervene in any case at any time on such terms as the Tribunal may determine, and the Tribunal will determine the extent to which an intervenor will be permitted to participate in a proceeding.

6The Amalgamated Transit Union, Local 1573’s Request to Intervene is granted. The Application raises issues that may affect it, and none of the other parties oppose the Request.

7On August 12, 2013, the parties attended a mediation, which did not result in a settlement of the case, and on August 23, 2013, the Tribunal denied the respondent’s Request for a Summary Hearing. In the circumstances, the Tribunal’s Registrar will schedule a two-day hearing of the merits of the Application. The extent of the Amalgamated Transit Union, Local 1573’s participation in the hearing will be determined by the adjudicator who presides over the hearing.

8I am not seized of this matter.