Human Rights Tribunal of Ontario
B E T W E E N:
K.A. by her litigation guardian M.P. Applicant
-and-
George Douzenis Respondent
INTERIM DECISION
Adjudicator: Laurie Letheren Date: August 11, 2016 Citation: 2016 HRTO 1070 Indexed as: K.A. v. Douzenis
WRITTEN SUBMISSIONS
Peel District School Board, Intervenor
Carla V. Black, Counsel
Introduction
1This Interim Decision addresses the Request to Intervene filed by Peel District School Board ("PDSB").
2The applicant is alleging that the respondent discriminated against her in her receipt of services on the basis of her ancestry and ethnic origin. PDSB submits that during the period of time relevant to the allegations outlined in this Application, the respondent was acting in the course of his employment. The PDSB is his employer.
3PDSB indicates that it wishes to address the merits of the Application. It submits that it is uniquely able to assist the Tribunal in understanding the overall context of the Application and Response. It further submits that it may be affected by the findings of the Tribunal in this Application and the potential remedies that may be ordered.
4The applicant has not filed a response to this Request to Intervene.
ANALYSIS and Decision
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 has set out factors to consider when determining a Request to Intervene:
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.
7I find that as the respondent's employer, PDSB has a significant interest in the outcome of this Application and will be able to assist the Tribunal. Allowing it to intervene will not delay the Application or prejudice the applicant or respondent.
8For these reasons, I am granting the PDSB Request to Intervene.
9PDSB has requested that it be allowed to participate in the Application without restrictions. I find it is most appropriate, to allow the adjudicators assigned during the Tribunal's process to determine the extent of the PDSB's participation.
ORDER
10The PDSB's Request to Intervene is granted.
11The extent of the PDSB's participation in the Application will be determined by the adjudicators assigned to the Application as it proceeds in the Tribunal's process.
12I am not seized.
Dated at Toronto, this 11^th^ day of August, 2016.
"Signed By"
__________________________________
Laurie Letheren Vice-chair