Janice Y.S. Chung

The respondent Union brought a motion to add the Toronto Transit Commission (TTC) as a party to a human rights complaint alleging discrimination with respect to union membership because of handicap.

The complainant and the TTC had previously entered into a settlement agreement regarding a separate complaint against the TTC.

The Board of Inquiry dismissed the motion, finding that adding the TTC would undermine the settlement agreement and that the Union would not be prejudiced by the TTC's absence, as no joint and several remedies were being sought.

The Amalgamated Transit Union, Local 113 brought a motion to add the Toronto Transit Commission (TTC) as a party to a human rights complaint alleging discrimination based on handicap.

The complainant had previously settled his separate complaint against the TTC.

The Board of Inquiry dismissed the motion, finding that adding the TTC would undermine the settlement and that the Union would not be prejudiced by the TTC's absence, as no joint and several remedies were being sought.

The respondent union brought a motion to dismiss or stay a human rights complaint alleging discrimination on the basis of handicap.

The complainant, a transit operator diagnosed with narcolepsy, was transferred to a maintenance position but lost his accumulated seniority due to the collective agreement's lack of system-wide seniority.

The union argued the complaint failed to disclose a prima facie case, was an abuse of process, and improperly expanded the issues.

The Board of Inquiry dismissed the motion, finding that the complaint clearly raised the issue of whether the loss of seniority upon disability-related transfer constituted adverse discrimination, establishing a prima facie case.

The Board also held that it had jurisdiction to make orders affecting future practices and other union members.