HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Vernley France
Applicant
-and-
The Regional Municipality of York Police Services Board, Kirk Marshall, and Mary Powell
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: France v. The Regional Municipality of York Police Services Board
WRITTEN SUBMISSIONS
Varley France, Applicant
Jo-Ann Seamon, Counsel
The Regional Municipality of York Police Services Board and Kirk Marshall, Respondents
Stephen Maio, Counsel
Mary Powell, Respondent
Susan Toth, Counsel
York Regional Police Association, Intervenor
Bruce Price, Counsel
1This Interim Decision addresses issues in respect of this Application.
Request for summary hearing
2The corporate respondent and the personal respondent Kirk Marshall have requested that a summary hearing be held to determine if the Application should be dismissed as having no reasonable prospect of success. I have reviewed that request and have determined that it is not appropriate to hold a summary hearing at this time. It is apparent that evidence will be required to resolve the differences between the parties about the facts of the case. There are also issues about how the findings of fact made by the Arbitrator may impact the Tribunal’s process and evidence may be necessary to clarify that issue as well.
Intervenor
3The York Regional Police Association has filed a Request to Intervene. The applicant requested an extension of time to respond to that Request which was granted by the Tribunal but a response was not received. The disputes in this case involve issues that the Association may have an interest in. The Tribunal typically allows a union to intervene when there is an Application arising out of events in a unionized workplace. The Request to Intervene is granted.
Next Steps
4All the parties except the applicant have indicated a willingness to participate in mediation at the Tribunal. The applicant is now represented and should clarify if he is now prepared to participate in mediation. The applicant should advise the Tribunal by October 6, 2017.
5If the applicant is not prepared to try mediation, the Registrar will schedule a two-day hearing.
“Signed By”
Brian Cook
Vice-chair