Ontario Human Rights Commission and Francis v. Gordian Operations Inc. o/a Whistlers Restaurant, 2005 HRTO 55

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ontario Human Rights Commission

Commission

-and-

Colin Francis

Complainant

-and-

Gordian Operations Inc. o/a Whistlers Restaurant, George Mastoras, and Steve Mastoras

Respondents

DECISION

Adjudicator: David J. Mullan

Date: December 22, 2005

Citation: 2005 HRTO 55

Human Rights Tribunal of Ontario 400 University Avenue, 7th 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 E-mail hrto.registrar@jus.gov.on.ca Website www.hrto.ca

APPEARANCES

Ontario Human Rights Commission ) Richard Miller, Counsel

Colin Francis, Complainant ) On his own behalf

Gordian Operations Inc., )

o/a Whistlers Restaurant, Respondent ) John Mastoras, Counsel

George Mastoras, Steve Mastoras )

Respondents )

INTRODUCTION

1This is a complaint of discrimination on the basis of race and colour in an employment setting under section 5(1) of the Human Rights Code. The Complainant is a former employee of the Respondent, Gordian Operations Inc., which carries on a restaurant business under the name of Whistlers Restaurant (“Whistlers Restaurant”). The personal Respondents have an ownership share in and manage the restaurant.

2On the second day of the hearing, November 23, 2005, the Complainant admitted under cross-examination that he had lied on his evidence-in-chief. More particularly, he had testified that he did not secure other work until some months after he had left the employment of the corporate Respondent. In fact, he had commenced work with his current employer within days of his quitting.

3On the motion of counsel for the Respondents, I adjourned the hearing sine die. I also directed that the Commission and the Complainant inform the Registrar of the Tribunal by December 9, 2005, whether they intended to proceed with the complaint.

4On that date, the Commission indicated that it was withdrawing from the carriage of the complaint and the Complainant withdrew his complaint.

DECISION

5The complaint is dismissed. I reserve the right of counsel for the Respondents to speak to costs, and will remain seized of the issue of costs.