HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
René Laviolette
Applicant
-and-
City of Ottawa
Respondent
-and-
Canadian Union of Public Employees, Local 503
Intervenor
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Laviolette v. Ottawa (City)
WRITTEN SUBMISSIONS
Canadian Union of Public Employees, Local 503, Intervenor
Samantha Lamb, Counsel
Introduction
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”). On November 14, 2012, the Tribunal issued Interim Decision 2012 HRTO 2141 (the “November 2012 Interim Decision”), which directed that a preliminary hearing be held to determine whether the Application should be dismissed on the basis of delay and/or section 45.1 and/or as an abuse of process.
2On November 27, 2012, the Tribunal received the union’s Request to intervene. No parties have filed a response to the Request to Intervene.
3In Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131, the Tribunal found that absent exceptional circumstances, the applicant’s bargaining agent will be granted intervenor status in Tribunal proceedings upon its request.
4Clearly, the Union’s interests are engaged in this matter given. The Request to intervene is granted. The extent of the union’s participation as an intervenor in any future proceedings will be determined by the Vice-chair or Member who presides over those proceedings.
5On December 18, 2012, the union wrote to the Tribunal seeking directions and orders with respect to responding to the allegations in the Application. The Union is of the view that some privilege has attached to its communications to the applicant and that it cannot respond absent an Order from the Tribunal compelling it to do so. However, the Union did not file a Request for Order which would permit the parties to respond to this issue. I note that it is unclear as to the nature of the privilege claims to have attached with respect to its communications with the applicant. Regardless, it may be that the applicant has waived any such privilege by filing the herein Application. It is also unclear whether the applicant’s allegations, even if accepted to be true, are relevant to determining the preliminary issues.
6I find that it is appropriate that the matter proceed to the preliminary hearing to deal with the issues raised in the November 2012 Interim Decision, at which point the Tribunal will in a better position to determine if it is necessary to address the issue of privilege that has been raised by the union.
Orders
7The Tribunal orders:
a. The Canadian Union of Public Employees, Local 503, is granted intervenor status and the Tribunal should send to it copies of all of the pleadings and communications received by and sent to all the parties.
Dated at Toronto, this 10th day of January, 2013.
“Signed by”
Geneviève Debané
Vice-chair