Human Rights Tribunal of Ontario
B E T W E E N:
Laura Facciolo Applicant
-and-
1383078 Ontario Limited o/a Tiny Tim Developmental School Inc., 1392474 Ontario Limited o/a Peekaboo Child Care Derry Road and 2141627 Ontario Limited Respondents
INTERIM DECISION
Adjudicator: Judith Keene Date: August 13, 2010 Citation: 2010 HRTO 1686 Indexed as: Facciolo v. 1383078 Ontario
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on October 29, 2009. The Application alleges discrimination with respect to employment on the ground of disability.
2In an Interim Decision dated May 11, 2010, 2010 HRTO 1046, I refused a Request for an Order During Proceedings ("Request") by the respondents that the Application be dismissed. I also granted a Request by the applicant to amend the Application to add 2141627 Ontario Limited and "Principal Deanna Mackey" as parties. Ms. Mackey was allegedly a senior manager of the corporate respondents, and there had been no response by the respondents to the applicant's Request to add her.
3On June 23, 2010, the respondents filed a Request asking that the Application be dismissed as against Deanna Mackey, on the basis that she was not a principal of the corporate respondent during the time the applicant was employed. The respondents requested that costs be ordered to compensate Ms Mackey "for being wrongfully added to this claim".
4On July 14, 2010, the applicant requested that the Tribunal amend a clerical error; the inclusion of Ms Mackey's name, indicating that she had included the name as a contact person for the respondent corporations, rather than as a party.
5The respondent's Request to remove Ms. Mackey as a respondent is granted.
6As noted by the applicant in her Response to the Request, this Tribunal does not have jurisdiction to award costs under the Code or the Tribunal's Rules: see Macdonald v. Downtown Health Club for Women, 2009 HRTO 1647; Dunn v. United Transportation Union, Local 104, 2008 HRTO 405; Ugbay v. Eston Manufacturing, 2009 HRTO 61; Seguin v. Great Blue Heron Charity Casino, 2009 HRTO 940.
7I am not seized of this matter.
Dated at Toronto, this 13th day of August, 2010.
"signed by"______________
Judith Keene Vice-chair