Mporo v. Graner, 2015 HRTO 232

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Mporo Applicant

-and-

Gallia Graner Respondent

A N D B E T W E E N:

David Mporo Applicant

-and-

Toronto District School Board Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel
Date: February 25, 2015
Citation: 2015 HRTO 232
Indexed as: Mporo v. Graner

1This Interim Decision deals with the distribution of materials filed with the Tribunal in order for parties to make submissions on the issue of consolidation.

2The applicant has filed two Applications. In 2014-18095-I, he names Ms. Graner as a respondent and makes allegations against her and against Mr. Spizzerri, who is not named as a respondent in that Application, but who is an employee of the respondent school board in 2014-18096-I.

3In 2014-18096-I there are allegations made against the school board, Mr. Spizzerri and Ms. Graner even though the latter is not named as a respondent in that Application.

4By Case Assessment Direction (“CAD”) dated January 28, 2015, the Tribunal advised the parties that it may be more efficient for the Tribunal to consolidate these Applications and deal with them together, rather than dealing with each separately. The Tribunal directed any party objecting to this consolidation process file written submissions within 14 days of the date of the CAD.

5The Toronto District School Board, the respondent to 2014-18096-I, has requested a copy of the Application in 2014-18095-I in order to make submissions on the consolidation issue. COSTI Immigrant Services, the employer of the individual respondent named in 2014-18095-I, has filed a Request to Intervene with the Tribunal. The organization has requested a copy of the Application and Response to 2014-18096-I and permission to make submissions on the consolidation issue.

6I find that it is appropriate for the Tribunal to provide the respondents and proposed intervenor to 2014-18095-I and 2014-18096-I with a copy of the Application in the file that the Tribunal has proposed to consolidate with their file. Only by consulting the Applications in the other file will the respondents and proposed intervenor be in a position to make useful submissions on the consolidation issue.

7I also find that it is appropriate to permit COSTI Immigrant Services to make submissions on the consolidation issue since it is a proposed intervenor and the employer of the personal respondent in 2014-18095-I.

order

8The Tribunal will provide a copy of the Application filed in 2014-18095-1 to the respondent in 2014-18096-I. It will also provide a copy of the Application filed in 2014-18096-I to the respondent as well as the proposed intervenor in 2014-18095-I. The proposed intervenor is permitted to make submissions in regards to the consolidation issue.

9The respondents and proposed intervenor may not use or transmit the copies of the Applications they receive in accordance with this Interim Decision for any purpose other than to make submissions to the Tribunal on the issue of consolidation.

10In the circumstances, the deadline for submissions on the consolidation issue is extended. If a party objects to the proposed consolidation process, they must file written submissions within 14 days of the date of this Interim Decision. Any party who wishes to respond to an objection shall file a response within 14 days of the date of the receipt of the objection.

11As noted in the Tribunal’s January 28, 2015 CAD, once the Tribunal has determined whether to consolidate these Applications the Registrar will either schedule a half-day summary hearing by teleconference or two summary hearings in sequence.