Human Rights Tribunal of Ontario
B E T W E E N:
Stephen Stone
Applicant
-and-
United Brotherhood of Carpenters and Joiners of America, Millwrights Local 1592 and CFJ Nuclear Contractors Ltd.
Respondents
-and-
Bruce Power L.P.
Intervenor
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Stone v. United Brotherhood of Carpenters and Joiners of America
WRITTEN SUBMISSIONS
Stephen Stone, Applicant
Self-represented
United Brotherhood of Carpenters and Joiners of America, Millwrights Local 1592, Respondent
Meg Atkinson, Counsel
CFJ Nuclear Contractors Ltd., Respondent
Daniel McDonald, Counsel
Bruce Power L.P., Intervenor
John Martelli, Counsel
Introduction
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 Requests for Orders
2On April 3, 2014, Bruce Power L.P. ("the nuclear facility") filed a Request to Intervene to ensure that the interests of the nuclear facility are taken into account if and when sensitive documents, including drawings, are filed. The union and CJF consent to the Request. The applicant filed no Response to this Request.
3On March 31, 2014, the applicant filed a Request for an Order during Proceedings in which he seeks an order permitting one of his witnesses to testify by teleconference. Pursuant to Rule 1.7(a) of the Rules, the respondents were given until April 9, 2014 to respond to the request. The respondent, United Brotherhood of Carpenters and Joiners of America, Millwrights Local 1592 ("the union") and the respondent, CFJ Nuclear Contractors Ltd. ("CFJ") consent to the Request.
4On April 7, 2014, the applicant filed a Request for an Order during Proceedings requesting that he be allowed to file additional hearing documents, which are internet photos of equipment. CFJ opposes the request and asks that the applicant be ordered to produce the original photographs rather than the Internet information the applicant has filed. The union consents to the applicant's Request, subject to reserving the right to raise admissibility and reliability issues at the hearing.
Request to Intervene
5Bruce Power L.P. asks to intervene to protect the confidentiality of documents used at the hearing. The respondents consent and the applicant took no position. This Request is granted for the limited purposes sought and the style of cause is amended.
Witness' Evidence by Teleconference
6All parties consent to one of the applicant's witnesses giving evidence by teleconference, and this request is granted.
7CJF also has requested that two of its witnesses, Ray Keeso and Ashley Millman, be allowed to testify by teleconference as they are working in a remote part of another province. No one has opposed this request, and it too is granted.
Production of Documents by the Applicant
8The applicant's request to add photos to his list of documents to be used at the hearing is granted, subject to the parties' rights to object to admissibility and reliability. If the applicant has original photos, these should be produced at the hearing, pending any submissions from the intervenor respecting the protection of confidentiality.
order
9Bruce Power L.P.'s request to intervene is granted and the title of proceedings amended accordingly.
10The applicant's and CFJ's requests for witnesses to testify by teleconference is granted.
11The applicant's request to file additional documents to his list of documents to be used at the hearing is granted, subject to arguments from the respondents respecting admissibility and reliability, and from the intervenor respecting confidentiality.
Dated at Toronto, this 11th day of April, 2014.
"Signed by"
Dawn J. Kershaw
Vice-chair