Biega v. Management Research & Solutions, 2010 HRTO 1728

Human Rights Tribunal of Ontario

Between:

Stephen Biega Applicant

-and-

Management Research & Solutions Inc., MRSI Benchmarking Inc., David Cook, Dan Regan and Lorraine Baudisch Respondents

Interim Decision

Adjudicator: Faisal Bhabha Date: August 20, 2010 Citation: 2010 HRTO 1728 Indexed as: Biega v. Management Research & Solutions

1This is an Application filed on December 15, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant alleges that he suffered discrimination on the basis of his disability, and reprisal. The respondents deny the allegations. This Interim Decision deals with a number of preliminary issues.

2All of the respondents take the position that the Application has been improperly brought against the respondent MRSI Benchmarking Inc. ("Benchmarking"). They allege that Benchmarking has no relation to the other respondents or to the events that gave rise to the Application. In its brief Response, Benchmarking states that it "did not exist at the time of the alleged incidents described in the Application. The company cannot comment on them."

3The remaining respondents also request early dismissal of the Application, arguing that it amounts to an abuse of process and was filed outside of the one year limitation period stipulated in the Code.

4The applicant made submissions in his Reply disputing that Benchmark is improperly named and arguing that the Application is neither late nor an abuse of process.

5Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions.

6Accordingly, the Registrar will schedule a half-day hearing for the purpose of dealing with the respondents' request that the Application be dismissed because it was filed late and that it amounts to an abuse of process. The parties will also have the opportunity to make submissions on the question of the respondent Benchmarking's involvement in these proceedings.

7Any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application or Response must deliver such documents or information to the other parties and file them with the Registrar 21 days prior to the date of the hearing.