Ontario (Human Rights Comm.) v. North American Life Assurance Co. (No. 3)
1992-04-27
Ontario Board of Inquiry
Gary Thornton Complainant
v.
North American Life Assurance Company and Clarendon Foundation Respondents
Date of Complaint: February 15, 1990 Date of Decision: April 27, 1992 Before: Ontario Board of Inquiry, W. Gunther Plaut Comm. Decision No.: 441C
Appearances by: Anne M. Molloy and Gerry Heddema, Counsel for the Complainant Naomi Overend, Counsel for the Commission Mary Eberts and Jenifer Aitken, Counsel for the Respondent North American Life Assurance Co. Stephen Bernofsky, Counsel for the Respondent Claredon Foundation
PARTIES — adding respondent
Summary: In an interim decision, the Board of Inquiry adds the First North American Insurance Company as a respondent in this complaint. The First North American Insurance Company is a wholly owned subsidiary of North American Life Assurance Company, and it was the party who contracted with the complainant for insurance.
[Ed. Note: See also preliminary decisions at 1991 CanLII 13125 (ON HRT), 16 C.H.R.R. D/162, 1992 CanLII 14243 (ON HRT), 17 C.H.R.R. D/472 and 1992 CanLII 14235 (ON HRT), 17 C.H.R.R. D/477 and final decision at 1992 CanLII 14239 (ON HRT), 17 C.H.R.R. D/481.]
1On September 9, 1991, the Hon. Elaine Ziemba, Minister of Citizenship, appointed me as a board of inquiry to hear the above matter. The complaint was dated February 15, 1990, and amended on October [10] 1991 (Exhibits 1 and 3).
2Mr. Thornton was employed by Clarendon Foundation and had signed forms for eligibility in group benefits with the First North American Insurance Company ("FNAI"), a wholly owned subsidiary of the respondent, North American Life Assurance Company ("NAL"). The group policy number is H-01-041759, and the master application was dated August 24, 1988. A portion of that policy is at issue in these proceedings.
3A motion was therefore entered and agreed to by the parties to add First North American Insurance Company as a party. Even though the company is wholly owned by North American Life Assurance Company it was technically the contracting party with the complainant, and therefore the motion to add it as a party is agreed to by this Board.
ORDER
4First North American Life Insurance Company, having contracted with Gary Thornton, the complainant in the above-mentioned matter, and a portion of that contract being at issue before this Board, said company is herewith added as a party to the proceedings and will answer to the charge that it has infringed Gary Thornton's rights as set forth in his complaint. A copy of his complaint, as amended, is attached hereto.*
- Ed. note: Not published here.