HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jacqueline Pelletier
Applicant
-and-
Hylan Group Inc., Mehran (Mathew) Ansari and Ricardo Darmanie
Respondents
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Pelletier v. Hylan Group
WRITTEN SUBMISSIONS BY
Jacqueline Pelletier, Applicant ) Kate Sellar, Counsel
1The purpose of this Interim Decision is to address the applicant’s Request to add an individual respondent to the Application.
2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on November 13, 2009, which alleged that the president of Hylan Group Inc., Mehran (Mathew) Ansari, and a manager, whom she identified as “Ricardo”, subjected her to sexual harassment, advances and solicitations, and discrimination because of her sex. She named Mr. Ansari as an individual respondent, and requested that the respondents disclose the last name of “Ricardo” in order to name him as a respondent, as well.
3The respondents filed a Response on January 21, 2010, which denied the allegations of sexual harassment, advances and solicitations, and discrimination because of sex, and identified the manager as “Ricardo Darmanie”.
4The applicant filed a Request for an Order During Proceedings on March 1, 2010, which requested that the Tribunal order that Mr. Darmanie be added as an individual respondent to the Application. The applicant served the Request on the respondents, as well as Mr. Darmanie. To date, neither the respondents nor Mr. Darmanie have filed a Response to the Request, and the time for doing so has now passed.
5Rule 1.7(c) of the Tribunal’s Rules of Procedure states that, in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may add a party. In her Application, the applicant alleged that Mr. Darmanie subjected her to sexual harassment, advances and solicitations, and discrimination because of her sex. The applicant also indicated that she intended to seek an order to add Mr. Darmanie as a respondent to this Application after the respondents disclosed his surname. That has now happened, and the applicant’s Request for an Order was served on the respondents and Mr. Darmanie, none of whom have provided a reason to deny the Request. In all the circumstances, it is fair and just to add Mr. Darmanie as an individual respondent to the Application.
6The applicant’s Request for an Order to add Ricardo Darmanie as an individual respondent to her Application is therefore granted and the style of cause is amended accordingly.
7The Tribunal shall serve the Application and a copy of this Interim Decision on Mr. Darmanie. Within 35 days, Mr. Darmanie shall file a Response in Form 2, or, alternatively, the respondents may advise that the existing Response is also filed on behalf of Mr. Darmanie. I have noted that the applicant has also requested an extension of time to file her Reply in order to file one Reply to all the Responses. The applicant’s request is granted. Accordingly, the applicant may file a Reply within 14 days of receiving a Response from Mr. Darmanie, or being advised that the existing Response is filed on his behalf.
8I am not seized of this matter.
Dated at Toronto, this 18th day of May, 2010.
“signed by”
Ken Bhattacharjee
Vice-chair