BOARD OF INQUIRY (Human Rights Code)
IN THE MATTER OF the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended;
AND IN THE MATTER OF the complaint by Nicole Curling dated April 15, 1994, amended August 28, 1998, alleging discrimination in employment on the basis of sex, sexual harassment and sexual solicitation, and by Order dated September 30,1999, alleging reprisal.
B E T W E E N :
Ontario Human Rights Commission
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Nicole Curling Complainant
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Alexander Torimiro The Victoria Tea Company Ltd. The Torimiro Corporation Respondents
INTERIM DECISION
Adjudicator: Katherine Laird Date: May 19, 2000 Board File No: BI-0245-99 Decision No: 00-008-I
A P P E A R A N C E S
Ontario Human Rights Commission Joanne Rosen, Counsel
Nicole Curling, Complainant Geri Sanson, Counsel
Alexander Torimiro, Personal Respondent Stacey Reginald Ball, Counsel
The Victoria Tea Company Ltd., The Torimiro Corporation, Corporate Respondents Stacey Reginald Ball, Counsel
INTRODUCTION
On December 22, 1999, the Board of Inquiry released my decision on the merits of the complaint of Nicole Curling ("Curling") against Alexander Torimiro ("Torimiro"), The Victoria Tea Company ("Victoria Tea") and The Torimiro Corporation. I found that Torimiro had subjected Curling to discriminatory treatment on the basis of her gender, as well as to sexual harassment and solicitation in the workplace, and to retaliatory conduct when his sexual advances were rejected. I also found that Torimiro violated Curling's right to claim the protection of the Code when he served her with a Statement of Claim seeking damages of $1.5 million as a result of her human rights complaint. I held that Torimiro's conduct had infringed Curling's rights under s.5(1), s.7(2), s.7(3)(a) and (b) and s.8 of the Human Rights Code, R.S.O. 1990, c.H-19, ("Code"), in violation of the prohibition in s.9 of the Code.
With respect to the corporate respondents, I held Victoria Tea liable for the conduct of Torimiro, as its sole manager and owner, which constituted gender-based discriminatory treatment, sexual harassment and solicitation. I also held Victoria Tea liable, under [s.45(1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h1