Robert McInnis v. Waterloo North Hydro Inc., 2013 HRTO 671

Human Rights Tribunal of Ontario

B E T W E E N:

Robert McInnis Applicant

-and-

Waterloo North Hydro Inc. Respondent

-and-

International Brotherhood of Electrical Works, Local 636 Intervenor

INTERIM DECISION

Adjudicator: Naomi Overend Date: April 23, 2013 Citation: 2013 HRTO 671 Indexed as: McInnis v. Waterloo North Hydro Inc.

WRITTEN SUBMISSIONS

Robert McInnis, Applicant Self-represented

Waterloo North Hydro Inc., Respondent Anne K. Gallop, Counsel

International Brotherhood of Electrical Works, Local 636, Intervenor Katherine Ferreira, Counsel

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 works in a unionized workplace and is a member of the International Brotherhood of Electrical Workers, Local 636 ("Local 636"), which filed a Request to Intervene (Form 5) on January 3, 2013.

2The respondent filed a Response to the Request to Intervene (Form 11), opposing the intervention. It indicated that it believes Local 636 was more properly a respondent to this Application, and to that end, it named Local 636 as an additional respondent in its Response (Form 2) to the Application.

3In a Case Assessment Direction dated March 19, 2013, I directed the parties to file submissions on whether Local 636 should be removed as a respondent in light of the apparent absence of allegations that Local 636 did anything to further the alleged discrimination. After the parties (including Local 636) had filed submissions, the respondent advised that it was content to have Local 636 participate as an intervenor rather than a respondent.

4Accordingly, Local 636 is removed as a respondent to this proceeding, but added as an intervenor. Local 636 will also be entitled to participate in the mediation, should one take place (the parties have indicated an interest in participating in mediation). Should the Application proceed to hearing, the scope of Local 636's intervention will be determined by the adjudicator hearing the matter.

5I am not seized of this matter.