Human Rights Tribunal of Ontario
B E T W E E N:
Julie McDonald
Applicant
-and-
Shell Canada Products
Respondent
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: McDonald v. Shell Canada Products
1The applicant filed an Application on September 21, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application alleges sexual harassment by an employee of a service station. In the Application, the applicant identified two personal respondents in addition to the corporate respondent. The Application includes the date and time of the alleged incident, and identified the address of the service station, but the personal respondents were identified by first name only; respectively, "Ali" and "Said". The text of the Application indicates that "Ali", (identified as the individual who allegedly sexually harassed the applicant) was identified by means of a name tag that gave his first name.
2The Tribunal wrote to the applicant requesting information as to the last names and contact information of the two personal respondents. The applicant filed a Request for an Order During Proceedings ("Request") asking that the Tribunal order the corporate respondent to provide the contact information for the personal respondents.
3In its Response to the Request for Order, the corporate respondent declined to provide the contact information. The corporate respondent indicated that because of an "implied contractual obligation pursuant to a Retail Agreement", it will not provide contact information in the absence of an order from the Tribunal. With respect to "Ali", the corporate respondent stated that it had no contact information.
4In its Response to the Application, the corporate respondent identified the Retailer of the service station as Said Chahine (while still omitting contact information), and took the position that Mr. Chahine, as an "independent franchise operator" who "was solely and directly responsible for all employment-related matters".
5Pursuant 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.
6In order to enable Mr. Chahine to be notified of the Application, the Tribunal orders the corporate respondent to provide the applicant and the Tribunal, on or before August 20, 2010, with the name and current address of Said Chahine.
7I am not seized of this matter.
Dated at Toronto this 18th day of August, 2010.
"signed by"______________
Judith Keene
Vice-chair