Mporo v. Graner, 2015 HRTO 405

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Mporo Applicant

-and-

Gallia Graner Respondent

-and-

COSTI Immigrant Services Intervenor

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: March 27, 2015 Citation: 2015 HRTO 405 Indexed as: Mporo v. Graner

WRITTEN SUBMISSIONS

COSTI Immigrant Services, Intervenor Adrian Jakibchuk, Counsel

1This Interim Decision addresses the Request to Intervene filed by COSTI Immigrant Services ("COSTI").

2In the Application, the applicant alleged that the respondent discriminated against him in the provision of services on the basis of citizenship and age. The respondent is a Language Instruction for Newcomers to Canada ("LINC") instructor employed by COSTI.

COSTI'S REQUEST

3COSTI requested that it be granted intervenor status in this Application for several reasons. Among other things, it submitted that it has a serious interest in the Application because it is the respondent's employer and the Application relates to alleged discrimination in the provision of instruction as part of the LINC program offered by COSTI.

4The applicant did not respond to COSTI's Request to Intervene.

Analysis

5Under Rule 11 of the Tribunal's Rules of Procedure, the Tribunal may allow a person or organization to intervene in any case at any time on such terms as the Tribunal may determine.

6Tribunal jurisprudence has articulated a number of factors for consideration in assessing a request for intervention:

a. Whether the intervenor has a significant interest or special contribution to make on the issues;

b. Whether the intervenor is likely to provide assistance to the Tribunal that will not otherwise be provided;

c. Whether the intervention will unduly delay, disrupt or prejudice the determination of the rights of the parties; and

d. If intervention is appropriate, are there conditions that should be placed on the intervention.

See D.R. v. Upper Grand District School Board, 2011 HRTO 1187 at para. 12

7Considering these factors, I find that it is appropriate to grant intervenor status to COSTI. In particular, I find that it is appropriate to grant intervenor status because COSTI is the respondent's employer and the discrimination alleged in the Application relates to the educational services provided by the respondent as part of a COSTI program.

ORDER

8COSTI's Request to Intervene is granted. COSTI is granted the right to make submissions in the summary hearing directed by the Tribunal in the March 27, 2015 Case Assessment Direction sent to the parties. Any further intervention rights will be determined by an adjudicator assigned to the case if it proceeds in the Tribunal's process.