Elizabeth Carlos v. 1174364 Ontario Ltd. and Manuel Ferreira, 2009 HRTO 9

Human Rights Tribunal of Ontario

B E T W E E N:

Elizabeth Carlos

Applicant

-and-

1174364 Ontario Ltd. and Manuel Ferreira

Respondents

INTERIM DECISION

Adjudicator: David Muir Date: January 5, 2009 Citation: 2009 HRTO 9 Indexed as: Carlos v. 1174364 Ontario

1This is an Application filed under section 53(3) of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to decide a request to add respondents.

2The human rights complaint on which this Application is founded was filed on November 6, 2007. This Application was commenced on August 11, 2008. The respondents filed their Response on September 19, 2008. A case resolution conference was held on November 21, 2008 to deal with a respondents’ request for an Order dismissing the Application. The respondents’ request was denied and a further case resolution conference to consider the merits of the Application has been scheduled to take place on March 5 and 6, 2009.

3The applicant by letter dated December 25, 2008 has requested the addition of two individual respondents. These two new respondents are alleged to be employees of the corporate respondent who may have participated in and assisted in conduct breaching the Code. The request provides no explanation why these proposed respondents were not originally named in the complaint, nor why the request to add parties to the Application has not been made prior to now.

4The respondents to the complaint as filed with Ontario Human Rights Commission were 1174364 Ontario Ltd. and Manuel Ferreira. Section 53(3) applications must be based on the “subject-matter of the complaint” filed at the Commission. The parties named in the original complaint are the parties to the Application. Rule 5.15 provides that requests to add parties will only be considered in exceptional circumstances. The request does not provide any basis for finding such exceptional circumstances exist at this time. The request is denied.