Tassone v. Bombardier Inc., 2009 HRTO 1947

Human Rights Tribunal of Ontario

B E T W E E N:

Nick Tassone

Applicant

-and-

Bombardier Inc.

Respondent

INTERIM DECISION

Adjudicator: Eric Whist

Date: November 17, 2009

Citation: 2009 HRTO 1947

Indexed as: Tassone v. Bombardier

1This is an Application alleging discrimination on the basis of disability in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision addresses a Request by the Greater Toronto Transit Authority (“Go Transit”) to be removed as a respondent.

Background

2On September 18, 2009 GO Transit filed a Request for an Order During Proceedings (the “Request”) asking to be removed as a respondent given that at all material times, the other named respondent, Bombardier Inc., was the applicant’s employer. In a letter to the Tribunal dated September 10, 2009 Bombardier Inc. confirmed that at all material times, it was the applicant’s employer.

3In a letter to the Tribunal dated September 28, 2009 counsel for the applicant, Grace Vacarelli of the Human Rights Legal Support Centre, stated that the applicant had died and that counsel was in the process of determining from whom she was to take instructions. In a letter to the Tribunal dated October 1, 2009 Ms. Vacarelli stated that the Human Rights Legal Support Centre “has now confirmed that Ned (Nazzareno) Tassone, is the continuing power of attorney in respect of property for his deceased brother, Nick Tassone. The Centre has requested documents establishing that he is the executor of the estate but as Ned is out of town at this time, he has not been able to send those to us.”

4On October 6, 2009 Ms Vacarelli filed a Response with the Tribunal consenting to GO Transit’s Request.

Decision

5Having regard to the submissions made, the Request to remove GO Transit as a respondent is granted and the style of cause is amended accordingly.

6The Tribunal directs Ned Tassone to confirm in writing that he acts for the estate of the applicant and to file documentation in support of the same (eg. a will appointing him executor), by December 1, 2009. If Ned Tassone is not the estate representative, he is directed to provide the Tribunal with the name and contact information of the estate representative, by December 1, 2009.

7I am not seized of this matter