Ontario Human Rights Commission v. Universal Studios Canada Inc., 2004 HRTO 14

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ontario Human Rights Commission

Commission

-and-

Gary Malkowski

Complainant

-and-

Universal Studios Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Mary Ross Hendriks

Date: November 15, 2004

Citation: 2004 HRTO 14

Human Rights Tribunal of Ontario 400 University Avenue, 7^th Floor Toronto ON M7A 1T7 Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946 TTY (416) 314-2379 / 1-800-424-1168

APPEARANCES

Ontario Human Rights Commission ) Amyn Hadibhai, Counsel

Gary Malkowski, Complainant ) on his own behalf

Universal Studios Canada Inc. and Eugene Amodeo, )

Respondents ) Hugh Christie, Counsel

INTRODUCTION

1The Complaint, dated January 27, 2004, before the Human Rights Tribunal of Ontario (the “Tribunal”) involves a deaf person who alleges that his right to equal treatment with respect to services, goods and facilities without discrimination because of disability has been infringed by the Respondents.

2The Tribunal scheduled an in-person Initial Conference meeting on this matter, and other similar matters, which was held on October 27, 2004.

MOTION

3Counsel for the Respondents brought a motion, asking that: (1) the names of the Corporate Respondent and the Personal Respondent be amended within the Complaint and within the title of proceeding herein, to reflect their correct spellings; (2) and that the action against the Personal Respondent be withdrawn, as he is not a necessary party to the proceeding herein.

4Counsel for the Commission, and Mr. Malkowski acting on his own behalf, consented to each of these motions.

DECISION

5The motions, heard on consent, to correct the misnomers and to remove the Personal Respondent from both the Complaint and as a party to this matter, are hereby granted.

ORDER

6The Tribunal orders as follows:

(1) that the name of the Corporate Respondent set out in the Complaint and in the title of proceeding herein is hereby amended to reflect its true legal name, being: Universal Studios Canada Inc.; and

(2) the Personal Respondent, correctly identified as Eugene Amodeo, is hereby removed as a party on consent.