Grant v. Dura Automotive Systems of Canada, 2009 HRTO 10

Human Rights Tribunal of Ontario

B E T W E E N:

Trudie (Gertrude) Grant

Applicant

-and-

Dura Automotive Systems of Canada, Mario Pignetilli, Brian Smart, Lois Dunlop and Brad Eidt

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: January 5, 2009

Citation: 2009 HRTO 10

Indexed as: Grant v. Dura Automotive Systems of Canada

1This is an Application dated August 25, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The purpose of this Interim Decision is to provide case management directions with respect to delivery of the Application to the individual respondents.

2On October 10, 2008 Dura Automotive filed its Response. On the same date counsel for Dura Automotive advised that it did not represent the individual respondents. A mediation was held on November 4, 2008. None of the individual respondents attended. The Application did not settle and a Case Resolution Conference has been scheduled on May 11 and 12, 2009.

Failure to Serve Certain Personal Respondents

3The applicant has requested that Dura Automotive provide her with the last known addresses of the individual respondents all of whom are or were employees. Dura Automotive has indicated that it requires an Order of the Tribunal before it will accede to this request.

4It is the obligation of the applicant to serve all respondents with the Application (Form A). Although attempts have been made to do so, the Tribunal is not satisfied the personal respondents have been properly served. The applicant has 30 days from the date of this decision to serve these respondents with the complete Application (Form A) and file a Form C with the Tribunal or the Tribunal will consider whether to remove these personal respondents as parties to these proceedings

5The respondent employer is directed to provide the applicant and the Tribunal with the last known addresses of the individual respondents within five days of the date of this decision.