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Recusal request dismissed; adjudicator's prior representation of intervenor did not create reasonable apprehension of bias.
The complainant requested that the adjudicator recuse himself from hearing the case, alleging a reasonable apprehension of bias because the adjudicator had previously represented the Toronto Police Association, which sought to intervene in the proceeding.
The adjudicator dismissed the recusal request, finding that his prior role as a junior lawyer representing the Association did not create a reasonable apprehension of bias, especially given the standard one-year cooling-off period had passed.
The Tribunal also granted the Association's request to intervene on a limited basis regarding a production request.
Toronto Police Association granted leave to intervene on document production issues in human rights complaint.
The complainant and the Commission requested production of documents relating to complaints filed by the complainant under the Police Services Act.
The Toronto Police Association requested leave to intervene to make submissions on the production of these documents.
The Tribunal granted the request to intervene, finding it appropriate given the potential impact on the Association's members and its ability to provide their perspective.