Brenda Dollin v. Almon Equipment Ltd., 2009 HRTO 137

Human Rights Tribunal of Ontario

B E T W E E N:

Brenda Dollin

Applicant

-and-

Almon Equipment Ltd.

Respondent

INTERIM DECISION

Adjudicator: Sheri D. Price Date: February 6, 2009 Citation: 2009 HRTO 137 Indexed as: Dollin v. Almon Equipment

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges that the respondent discriminated against the applicant on the basis of sex in respect of employment and engaged in reprisals, contrary to the Code.

2The applicant, through her counsel, has filed a Request for an Order during Proceedings ("the Request"), to add Dayan Wijeyaratnam as a personal respondent in this matter.

3In the Request, the applicant has asked that the proposed personal respondent be served at his place of employment which she asserts is the same address as that of the corporate respondent. However, the applicant did not deliver a copy of her Request to the proposed personal respondent at that address or otherwise.

4The corporate respondent was served with the applicant's Request and has filed a Response. The corporate respondent states that the proposed personal respondent is no longer employed with the corporate respondent and has not been for some time.

5Rule 19.2 of the Tribunal's Rules of Procedure requires a party making a Request for an Order during Proceedings to deliver a copy of its Request to all parties to the proceeding as well as to any person who may have an interest in the Request. Clearly, the proposed personal respondent has an interest in the Request to add him as a party to the proceeding. Accordingly, prior to dealing with the applicant's Request, it is necessary to ensure that notice of the Request has been given to the proposed personal respondent and that he has had an opportunity to respond to the Request.

6Before the Tribunal will consider the applicant's Request for an Order during Proceedings, the applicant must deliver a copy of the Application and of the Request to add Mr Wijeyaratnam as a party to Mr. Wijeyaratnam and file a Statement of Delivery with the Tribunal confirming such delivery.

7The Tribunal will consider the applicant's Request to add the proposed personal respondent as a party to the proceeding once the foregoing is received.

8I am not seized of this matter.