Human Rights Tribunal of Ontario
B E T W E E N:
Yvonne Champagne Applicant
-and-
Toyota Motor Manufacturing Canada Inc. Respondent
INTERIM DECISION
Adjudicator: Ena Chadha Date: December 1, 2010 Citation: 2010 HRTO 2386 Indexed as: Champagne v. Toyota Motor Manufacturing Canada
1The applicant filed an Application on August 20, 2010 under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in employment on the basis of disability. The Application originally named the corporate respondent and a personal respondent.
2The corporate respondent filed a Response on October 6, 2010, and the personal respondent filed a Response on October 19, 2010.
3On November 16, 2010, the corporate respondent filed a Request for Order During Proceedings (“Request”) seeking to remove the personal respondent from the Application. The Request indicates that the personal respondent consents to the removal. The corporate respondent submits that at all times the personal respondent was acting in her employment capacity and that the corporate respondent would be liable for any alleged conduct on the part of the personal respondent.
4On November 17, 2010, the applicant wrote the Tribunal and communicated her agreement that the personal respondent be removed from the Application. However, the applicant failed to provide a copy of this correspondence to the respondents.
5In light of this agreement, the personal respondent is removed from the Application and the style of cause is amended to reflect the same. Accordingly, the Application will proceed as against the corporate respondent only.
6Given that the parties have indicated that they are amenable to participate in mediation, the Registrar’s Office will contact the parties to schedule a mediation in this matter.
7I am not seized.
Dated at Toronto, this 1st day of December, 2010.
”signed by”______________
Ena Chadha
Vice-chair