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Motion to add personal respondent granted; corporate respondent's presence does not shield individuals from liability.
The Ontario Human Rights Commission brought a motion to add Allan Brandston as a personal respondent to a human rights complaint alleging failure to accommodate the complainant's creed regarding a condominium Sabbath elevator.
The Tribunal applied the two-part test from Payne, finding there was reliable evidence on the record that could lead to a finding of liability against Mr. Brandston, and that he would not suffer substantial prejudice.
The Tribunal rejected the argument that a personal respondent should not be added when a corporate respondent is already a party, noting that the Code's provisions for adding parties do not restrict their application to corporate respondents.
