Human Rights Tribunal of Ontario
Between:
Melissa McEnroe Applicant
-and-
Toronto Community Housing Corporation Respondent
-and-
Ministry of the Attorney General (Ontario) Intervenor
Interim Decision
Adjudicator: Geneviève Debané Date: November 4, 2014 Citation: 2014 HRTO 1624 Indexed as: McEnroe v. Toronto Community Housing Corporation
Written Submissions
Melissa McEnroe, Applicant Erin Hallock, Counsel
Toronto Community Housing Corporation, Respondent Saba Zia, Counsel
Ministry of the Attorney General (Ontario), Intervenor Rochelle Fox, Counsel
1This matter is scheduled for a hearing on the merits in Toronto on November 18 and 19, 2014.
2This Application alleges discrimination with respect to employment because of sex, family status and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
3Amongst a number of other allegations the applicant intends to challenge subsection 48(3) of the Employment Standards Act, 2000, S.O. 2000, c. 41 (the "ESA"), on the basis that it is contrary to the Code.
4On October 8, 2014, the Ministry of the Attorney General of Ontario filed a Form 5, Request to intervene. The Ministry requests to intervene but only with respect to the allegation that subsection 48(3) of the ESA contravenes the Code. The Ministry takes the position that in the event that the applicant is successful in some of her other allegations that the Tribunal will not need to decide whether subsection 48(3) contravenes the Code.
5The respondent filed a Form 11, Response in which it consents to the Ministry's intervention request. However, the respondent takes the position that the Tribunal will have to decide the subsection 48(3) issue regardless of its findings with respect to the other allegations.
6The applicant has not filed a Form 11, Response to the Request to intervene. I note however that she has sent copies of her hearing materials to the Ministry.
Decision
7Having considered this matter, I find that the Ministry's Request to intervene should be granted. I note that the Ministry's mandate includes participation in proceedings in which legislation is challenged. Further, I find that the Ministry's intervention will permit the Tribunal to have a more fulsome record to address the allegation that subsection 48(3) of the ESA contravenes the Code.
Next Steps
8In light of the fact that the applicant has not provided me with her position with respect to whether it is necessary to address the subsection 48(3) issue, the parties should be prepared to address all of the allegations in the Application during the course of the hearing on November 18 and 19, 2014.
9The Tribunal will provide the Ministry with a deadline to file its hearing materials. If it requires an extension of time then it must request one in writing.
10The Tribunal will also schedule a 30-minute Case Management Conference call to address any outstanding issues.
Order
11The Tribunal orders:
a. The Ministry's Request to intervene is granted and the style of cause shall immediately be amended to reflect this change; and
b. The Ministry shall file its hearing documents, including any evidence that it intends to rely on at the hearing by November 14, 2014.
12By no later than 3:00 p.m. on November 5, 2014, the parties are to provide all of their availability to participate in a conference call on November 7 and 8, 2014, between 8:00 a.m. and 7:00 p.m.
13I am not seized.
Dated at Toronto, this 4th day of November, 2014.
"Signed by"
Geneviève Debané
Vice-chair