Antwi v. 1281871 Ontario, 2009 HRTO 701

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bosscarino Antwi

Applicant

-and-

1281871 Ontario Inc. o/a Brampton Bramalea Kwik Kab

and Bir Singh

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: May 27, 2009

Citation: 2009 HRTO 701

Indexed as: Antwi v. 1281871 Ontario

INTRODUCTION

1This is an Interim Decision in respect of an Application filed on March 6, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2In this Application, the applicant alleges discrimination in services on the grounds of race, ancestry, colour, place of origin and ethnic origin. The Application names 1281871 Ontario Inc. o/a Brampton Bramalea Kwik Kab and Bir Singh, a cab driver, as respondents. The applicant states that the name of the individual respondent was given to him by a representative of the corporate respondent. The applicant also provides details of the time, date and place on which he states he was provided services by the personal respondent.

3In its Response, the corporate respondent denies any knowledge of the events outlined in the Application, and any supervision or control of cab drivers who “retain their services”. The corporate respondent specifically denies any knowledge of a driver named Bir Singh.

4Pursuant to Rule 1.7(p) of the Tribunal’s Rules of Procedure, the Tribunal may require a party to produce information in order to provide for the fair, just and expeditious resolution of a matter before it. In order to enable the Application to be sent to the individual respondent, the Tribunal orders the corporate respondent to search its records and provide the Tribunal with the name and address of any driver shown by their business records to have taken a customer in a Kwik Cab (car # 173) from Four Corners in Brampton, Ontario, to 18 Knightsbridge Road in Brampton between the hours of 2 and 3 PM on September 4, 2008 by June 5, 2009. If corporate respondent is unable to provide a current address, it will provide the Tribunal with the most recent address for the driver or drivers fitting the above description. If no records are found the corporate respondent is to advise the Tribunal and the applicant of this by the same date.

5I am not seized of this matter.