The respondents Bowland Dental Laboratories Inc. and the Estate of Frank Bowland requested an order to remove Frank Bowland as a respondent to the human rights application.
They argued that Frank Bowland acted solely as an officer and agent of the corporate respondent, and that the corporation could respond to and remedy any alleged Code breaches.
The applicant and the co-respondent Solaris opposed the request, arguing that Frank Bowland could be personally liable as the directing mind of the corporation, and that there was a risk the inactive corporate respondent could not fulfill a monetary remedy.
The Tribunal applied the Persaud factors and denied the request, finding that the individual respondent could be held personally liable and that his removal could prejudice the applicant and co-respondent.
