HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ontario Human Rights Commission Commission
-and-
Sylvie Lestage Complainant
-and-
Rénozone Express Inc and Mario Labre Respondents
INTERIM DECISION
Adjudicator: Caroline Rowan Date: September 12, 2006 Citation: 2006 HRTO 24
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
[1] This is a complaint brought under the Human Rights Code, R.S.O. 1990, c. H.19 as amended ("the Code") by Ms. Sylvie Lestage ("the Complainant") alleging that the responding parties, Rénozone Express Inc. and Mr. Mario Labre, infringed sections 5(1) and 9 of the Code.
[2] By correspondence dated July 21, 2006, the Commission requested that the Complaint be disposed of by way of written hearing.
[3] Prior to considering this request, the Tribunal finds it appropriate in all the circumstances of this case to seek confirmation from the Commission that proper notice of these proceedings and of the Commission's request for a written hearing has been provided to the Corporate Respondent, Rénozone Express Inc.
[4] By way of background to this concern, the Tribunal notes that the Complaint was referred to the Human Rights Tribunal of Ontario ("the Tribunal") on October 13, 2005. At or around that time, the Commission gave notice of its decision in this regard to the parties to this proceeding.
[5] On November 4, 2005, the Tribunal held an Initial Conference Call ("ICC") pursuant to the Tribunal's Rules of Practice, 2004 (the "Rules"). Notice of the ICC was provided to all parties by way of formal notice dated October 20, 2005 sent to the last known addresses for the parties provided by the Commission to the Tribunal. The address of the corporate respondent provided by the Commission to the Tribunal was 378 Front Road East, Hawkesbury, ON K6A 2S9.
[6] The individual respondent, Mario Labre, participated in the conference call. However, the Corporate Respondent neither participated in the ICC nor contacted the Registrar in advance of the ICC date to advise of its representatives' unavailability. The Tribunal proceeded with the ICC in the absence of the Corporate Respondent.
[7] By correspondence dated January 2, 2006, Commission counsel advised the Tribunal that a clerical error was made by the Commission in identifying M. Gagnon as the owner of the Corporate Respondent and that M. Jacques Labre was in fact the owner of Rénozone Express Inc. Commission counsel therefore requested that the Tribunal remove M. Gagnon from any future correspondence. Commission counsel also noted that through its investigation the Commission's communication to and from the corporate respondent was with:
Jacques Labre, owner Rénozone Express Inc. Business Address – 1010 Spence, Hawkesbury, ON K6A 3H9 Business phone – (613) 632-0500 Business fax – (613) 632-6663
Jacques Labre provided a home address as:
378 Front Road Hawkesbury, ON K6A 2S9 Home phone - (613) 632-2360
[8] Since receiving that notice, the Tribunal has sent correspondence to the Corporate Respondent addressed as follows: Rénozone Express Inc. c/o Jacques Labre, owner, 378 Front Road, Hawkesbury ON K6A 2S9.
[9] By correspondence dated January 30, 2006, Mr. Lachapelle of Lachapelle Law Office advised the Tribunal that the Respondent, Rénozone Express Inc., has discontinued all operations as of December 2004 and therefore he considered these procedures to be irrelevant. The Tribunal assumes that Mr. Lachapelle was writing on behalf of Rénozone Express Inc. However, Mr. Lachapelle did not indicate who he was acting for nor did he indicate that he had been retained to act on behalf of the Corporate Respondent herein in respect of this matter.
[10] In response to this correspondence, counsel for the Commission indicated that it did not doubt the assertion that the Respondent, Rénozone Express Inc., is not carrying on business, but noted its position that in the absence of the bankruptcy of either of the responding parties herein, Rénozone Express Inc. and Mario Labre, the hearing of this complaint can continue. The Commission provided the Tribunal with a bankruptcy search, which shows that Mr. Jacques Labre, the owner of Rénozone Express Inc. (2017033 Ontario Ltd.,) is in bankruptcy as of December 6, 2005, but shows no reference to Renozone Express Inc. or 2017033 Ontario Ltd. or 2017033 Ontario Corp or 2017033 Ontario Ltd.
[11] Dates were fixed for the exchange of pleadings and by letter dated April 12, 2006 sent to all parties (including the Corporate Respondent), the Tribunal confirmed that the Commission and the complainant were to file their pleadings by May 8, 2006, the Respondent was to file pleadings by June 2, 2006 and replies, if any, were to be filed by June 9, 2006. The Commission filed its pleadings on May 8, 2006. None of the other parties filed pleadings. As noted above, the Commission requested by letter dated July 21, 2006 that the Complaint be disposed of by way of written hearing.
[12] Having regard to the foregoing, there does not appear to be any reason why this complaint cannot proceed as against Mario Labre and Rénozone Express Inc. In this regard, the Tribunal notes that there is no information before the Tribunal to suggest that either the Personal or Corporate Respondent herein is in bankruptcy. The only information before the Tribunal is to the effect that the Corporate Respondent is no longer carrying on business.
[13] However, before proceeding further, the Tribunal seeks confirmation that proper notice of these proceedings has been provided to Rénozone Express Inc., since it appears that, to date, all correspondence addressed to the Corporate Respondent has been sent to a home address of Mr. Jacques Labre, an individual identified by the Commission as owner of the Corporate Respondent. While notice sent to the Corporate Respondent to the attention of a director of the Corporate Respondent would, in the Tribunal's view, be adequate, there is at this stage no information before the Tribunal to indicate that Jacques Labre is a director of the Corporate Respondent. Proper notice to the Corporate Respondent could also be achieved by sending notice to the last registered address of the corporation on file with the Ministry of Consumer and Business Services.
ORDER
[14] In the circumstances, the Tribunal directs the Commission:
to serve forthwith a copy of this decision to the Corporate Respondent at the last registered address on file with the Ministry of Consumer and Business Services for Rénozone Express Inc. and to provide the Tribunal with confirmation of such service
to provide the Tribunal by September 29, 2006 with an up to date Corporation Profile Report showing the last registered business address on file with the Ministry of Consumer and Business Services for Rénozone Express Inc. and showing the names and addresses of the directors of Rénozone Express Inc.
[15] The Tribunal will consider the Commission's request for a written hearing once that information is received.
Dated at Toronto, this 12th day of September, 2006.
"Signed By"
Caroline Rowan Member