Penny Calvo v. Toronto Public Library Board, 2013 HRTO 816

Human Rights Tribunal of Ontario

B E T W E E N:

Penny Calvo Applicant

-and-

Toronto Public Library Board Respondent

-and-

Canadian Union of Public Employees Intervenor

INTERIM DECISION

Adjudicator: Maureen Doyle Date: May 15, 2013 Citation: 2013 HRTO 816 Indexed as: Calvo v. Toronto Public Library Board

WRITTEN SUBMISSIONS

Penny Calvo, Applicant Shedrack Agbakwa, Counsel

Toronto Public Library Board, Respondent Sharmila M. Clark, Counsel

Canadian Union of Public Employees, Intervenor David Steele, Counsel

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The purpose of this Interim Decision is to consider a Request to Intervene made by the applicant's union, the Canadian Union of Public Employees ("the union").

2This decision also addresses the Respondent's request that the Application be dismissed pursuant to s. 45.1 of the Code.

REQUEST TO INTERVENE

3In this Application the applicant alleges discrimination in employment. The applicant alleges that the respondent discriminated against her on the basis of creed when it spoke to her about her religion and ultimately transferred her to a different library branch and away from a program for youth which she had been conducting.

4The union is the bargaining agent for employees in the applicant's workplace. The Tribunal, therefore, gave notice of the Application to the union.

5Neither the applicant nor the respondent has made submissions regarding the union's request to intervene.

6The union submits that it seeks to intervene regarding the question of what actions it took on the applicant's behalf with respect to certain allegations.

7The union seeks to intervene in accordance with Rules 11.2 and 11.3 of the Tribunal's Rules of Procedure. The union has an interest in the outcome of the Application. The union's request to intervene is granted.

THE RESPONDENT'S REQUEST TO DISMISS THE APPLICATION

8In its Response, the respondent seeks dismissal of the Application pursuant to s. 45.1 of the Code, as it submits that the applicant's grievance was settled and that there has been another proceeding which has appropriately dealt with the substance of the Application.

9The applicant opposes the respondent's request to dismiss the Application pursuant to s. 45.1 of the Code.

10This matter will be scheduled for a preliminary hearing regarding the respondent's request to dismiss the Application pursuant to s. 45.1 of the Code.

11The parties are directed as follows:

a) Should any party wish to call witnesses during the Preliminary Hearing, then it must deliver to the other parties and file with the Tribunal a witness list and summary of their intended evidence no later than 28 days prior to the Preliminary Hearing;

b) Should any party wish to rely on documents or case law during the hearing, these must be delivered to the other party and filed with the Tribunal no later than 28 days prior to the Preliminary Hearing.

12I am not seized.