Casey M. Dockendorff

The respondents brought a Request for Order During Proceedings to remove two individual respondents from a human rights application alleging discrimination on the basis of disability and sex.

The corporate respondent accepted vicarious liability for the actions of the personal respondents.

Applying the Persaud factors, the Tribunal found no compelling reason to keep the personal respondents as parties, as the corporate respondent was capable of remedying any potential Code infringement.

The request was granted and the personal respondents were removed.

The applicant filed a human rights application alleging discrimination on the basis of disability and sex regarding her termination from employment.

She also filed a concurrent application with the OLRB alleging her union breached its duty of fair representation by failing to grieve the termination.

The Tribunal issued a Notice of Intent to Defer the human rights application pending the OLRB proceeding.

The Tribunal concluded that deferral was not appropriate because the two proceedings involved different parties, raised different issues, and offered different potential remedies.