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Solima v. Sutherland Group of Canada, 2009 HRTO 1265 — HRTO | minicounsel | minicounsel

August 17, 2009

Solima v. Sutherland Group of Canada, 2009 HRTO 1265

Case Summary

The applicant filed a human rights application naming a corporate respondent and several individuals, including a former supervisor. The corporate respondent declined to provide the former supervisor's contact information without a Tribunal order. The Tribunal ordered the corporate respondent to provide the last known mailing address and telephone number for the former employee, holding that it had the authority to require the production of such information under Rule 1.7(p) of the Part IV Rules.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ken Solima

Applicant

-and-

The Sutherland Group of Canada Corporation,

Jackie Caron, John Youssef, Fadi Massara

and Cynthia Luciani

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: August 17, 2009

Citation: 2009 HRTO 1265

Indexed as: Solima v. Sutherland Group of Canada

[1] The Application was filed under s. 53(5) of the Ontario Human Rights Code on June 5, 2009. A Response was filed on behalf of all respondents other than Fadi Massara on July 9, 2009.

[2] In the Response, it is stated that Mr. Massara was a supervisor for the corporate respondent whose employment ended on February 4, 2008. As a result, Mr. Massara is not represented by counsel for the other respondents and no response was filed on his behalf.

[3] By letter dated July 24, 2009, the Tribunal confirmed receipt of the Application and directed counsel for the remaining respondents to provide the last known mailing address and telephone number for Mr. Massara to the Tribunal and to the applicant within ten days.

[4] By letter dated July 31, 2009, counsel for the respondents other than Mr. Massara expressed concerns about providing personal information in relation to Mr. Massara without a Tribunal order. Counsel also takes the position that there is no authority or requirement in the Rules that the corporate respondent provide this information to the applicant.

[5] The Rules that apply to this proceeding are the Tribunal’s Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) of the Human Rights Code (the “Transitional Rules”). Pursuant to Rule 11.1 of the Transitional Rules which applies to applications under s. 53(3) of the Code, the Tribunal may apply the Tribunal’s powers as contained in Rule 1.7 of the Rules of Procedure for Applications under the Human Rights Code, Part IV (the “Part IV Rules”). Pursuant to Rule 1.7(p) of the Part IV Rules, the Tribunal has the power to “require a party . . . to produce any document, information or thing”. Requiring a corporate respondent to provide the last known contact information for one of its former employees falls well within the Tribunal’s powers under this provision of its Rules.

[6] Accordingly, the corporate respondent is ordered to provide the last known mailing address and telephone number for Mr. Massara to the Tribunal and to the applicant within ten days of the date of this Interim Decision. As indicated in the Tribunal’s letter dated July 24, 2009, it remains the responsibility of the applicant to confirm that this information is current and to ensure that the Application is properly served on Mr. Massara, if the applicant still intends to proceed as against this individual respondent.

Dated at Toronto, this 17^th^ day of August, 2009.

“Signed by”

Mark Hart

Vice-chair