Abdulwasi Ali v. Centre for Security Training and Management Inc., 2009 HRTO 1202

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Abdulwasi Ali Applicant

-and-

Centre for Security Training and Management Inc., Christopher Menary and Ken Dolan Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: August 5, 2009 Citation: 2009 HRTO 1202 Indexed as: Ali v. Centre for Security Training and Management

1In a previous Interim Decision, 2009 HRTO 880, the Tribunal ordered that the applicant’s Request for an Order During Proceedings to add Ken Dolan as an individual respondent to his Application be served on Mr. Dolan.

2The Request for an Order requests that Mr. Dolan be added as an individual respondent because the Application alleges that he discriminated against the applicant, but he could not be named as an individual respondent at the time the Application was filed because the applicant did not know his surname.

3The respondents, Centre for Security Training and Management Inc. and Christopher Menary, filed a Response to a Request for an Order, which opposes the Request on the basis that Mr. Dolan is not an owner or operator of the company.

4The applicant served his Request for an Order on Mr. Dolan, but Mr. Dolan did not file a Response to the Request.

5Rule 1.7(c) of the Tribunal’s Rules of Procedure states that, in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may add a party. In his Application, the applicant alleged that Mr. Dolan discriminated against him. The applicant also stated that he intended to seek an order to add Mr. Dolan as respondent to this Application after the respondents disclosed his surname. That has now happened, and the applicant’s Request for an Order was served on the respondents and Mr. Dolan, neither of whom provided a compelling reason to deny the Request. In all the circumstances, it is fair and just to add Mr. Dolan as an individual respondent to the Application.

6The applicant’s Request for an Order to add Ken Dolan an individual respondent to his Application is therefore granted and the style of cause is amended accordingly.

7The Tribunal shall serve the Application and a copy of this Interim Decision on Mr. Dolan. Within 35 days, Mr. Dolan shall file a Response in Form 2, or, alternatively, the respondents may advise that the existing Response is also filed on behalf of Mr. Dolan. If a new Response is filed, the applicant may reply within a further 14 days.

8I am not seized of this matter.