Torrejon v. 114735 Ontario, 2009 HRTO 795

Human Rights Tribunal of Ontario

B E T W E E N:

Elsa Torrejon

Applicant

-and-

114735 Ontario Inc. o/a Weston Property Management,

Tzvi Shuchat o/a Weston Property Management,

Doug McDonald and Geri McDonald

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: June 9, 2009

Citation: 2009 HRTO 795

Indexed as: Torrejon v. 114735 Ontario

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, was filed on the applicant’s behalf through counsel at the Human Rights Legal Support Centre. It relates to the applicant’s employment with Weston Property Management. It names the respondent 114735 Ontario Inc. o/a Weston Property Management (the “numbered company”) and Tzvi Shuchat o/a Weston Property Management (the “sole proprietorship”) as respondents, together with two personal respondents. The numbered company and sole proprietorship are at different addresses.

2Counsel for the numbered company and the two personal respondents filed a Response, acknowledging that the applicant was employed by the numbered company. Mr. Shachat filed a Response on behalf of the sole proprietorship stating that he never employed the applicant and works on his own. He states that he is “not connected with this case”.

3The applicant filed a Reply, dated June 4, 2009, in which she addressed the Response of the numbered company and personal respondents. The Reply makes no comment on Mr. Shachat’s statement that he is not involved in this matter, nor indeed does it address his Response in any manner.

4I am concerned by applicant counsel’s failure to address the allegation that Mr. Shachat has no involvement in these issues. He should not remain a party to this legal proceeding if he has no connection with the matter. Accordingly, the Tribunal orders that within seven days of the date of this Interim Decision, the applicant shall either file a request to withdraw the Application as against Mr. Shachat or provide submissions indicating why he should remain as a respondent. Mr. Shachat need take no further steps unless directed to do so by the Tribunal.

5I am not seized.