Bradley Gallant v. The Corporation of the City of Mississauga, 2016 HRTO 545

Human Rights Tribunal of Ontario

B E T W E E N:

Bradley Gallant Applicant

-and-

The Corporation of the City of Mississauga Respondent

-and-

Ontario Human Rights Commission, The Mississauga Girls Hockey League, The Lorne Park Hockey Association, and The Meadowvale Minor Hockey Association Intervenors

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: April 27, 2016 Citation: 2016 HRTO 545 Indexed as: Gallant v. Mississauga (City)

1The purpose of this Interim Decision is to deal with the Requests to Intervene filed by various organizations, and one individual.

2The Ontario Human Rights Commission (the "Commission") filed a Notice of Commission Intervention with the consent of the applicant. Pursuant to s. 37(2) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, the Commission is added as an intervenor.

3The Mississauga Girls Hockey League, The Lorne Park Hockey Association, The Meadowvale Minor Hockey Association, and Sid Knowles filed Requests to Intervene. None of the parties have opposed the Requests of the three organizations, but the applicant appears to oppose the Request of Mr. Knowles.

4Pursuant to 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.

5The Tribunal has set out a number of factors for consideration in assessing a Request to Intervene:

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

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

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

4. 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

6It is clear from the parties' pleadings that the three organizations may be affected by this proceeding. Their Requests to Intervene meet the first two factors set out above, and I have no concern that their intervention will unduly delay, disrupt or prejudice the determination of the rights of the parties. Accordingly, their Requests are granted. Any conditions placed on their intervention will be determined at a later date. The Tribunal will convene a conference call prior to the hearing to determine this issue.

7The Request to Intervene filed by Mr. Knowles is vague, and does not meet the first two factors set out above. Specifically, although he cited various international human rights covenants and declarations, and stated that he wants to fully take part with all the other parties in this dispute, he did not explain how he has a significant interest or special contribution to make on the issues in the case, or how he is likely to provide assistance to the Tribunal that will not otherwise be provided. Accordingly, Mr. Knowles' Request is denied.

8In its Case Assessment Direction ("CAD") dated July 16, 2015, the Tribunal noted that the Application raises an issue of significant public interest, and offered the Commission and Aboriginal Legal Services of Toronto ("ALST") the opportunity to file a Request to Intervene. The CAD also stated:

I am also cognizant of the fact that specific aboriginal nations in Ontario whose names and images are being used by the organizations in Mississauga may also be affected by this proceeding, and may wish to intervene. It would assist the Tribunal if ALST could provide the Tribunal with further information on this matter.

9ALST has not filed a Request to Intervene, or provided the Tribunal with information about specific aboriginal nations in Ontario whose names and images are being used by the organizations in Mississauga. In the circumstances, the Tribunal will also deliver a copy of this Interim Decision and the parties' and intervenors' pleadings and materials to the Chiefs of Ontario and the Mississaugas of the New Credit First Nation. Should either of these organizations wish to intervene in this proceeding, they shall file a Request to Intervene within 28 days of the date of this Interim Decision.

10The Tribunal therefore makes the following orders and direction:

1. Pursuant to s. 37(2) of the Code, the Ontario Human Rights Commission is added as an intervenor.

2. The Requests to Intervene filed by The Mississauga Girls Hockey League, The Lorne Park Hockey Association, and The Meadowvale Minor Hockey Association are granted, and they are added as intervenors.

3. The Request to Intervene filed by Sid Knowles is denied.

4. The Tribunal will deliver a copy of this Interim Decision and the parties' and intervenors' pleadings and materials to the Chiefs of Ontario and the Mississaugas of the New Credit First Nation. Should either of these organizations wish to intervene in this proceeding, they shall file a Request to Intervene within 28 days of the date of this Interim Decision.