Mark Roberts v. Royal LePage Partners Realty Inc. and Morrissa Amsei, 2010 HRTO 339

Human Rights Tribunal of Ontario

B E T W E E N:

Mark Roberts

Applicant

-and-

Royal LePage Partners Realty Inc. and Morrissa Amsei

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: February 16, 2010 Citation: 2010 HRTO 339 Indexed as: Roberts v. Royal LePage Partners Realty

1This Application was filed April 28, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). This Interim Decision deals with a Request for Order During Proceedings seeking to dismiss the Application.

Royal LePage

2The applicant filed a complaint with the Ontario Human Rights Commission, dated November 24, 2006 against Royal LePage Partners Realty Inc. ("Royal LePage") and Morrissa Amsel alleging discrimination in employment on the basis of age, colour, race and creed. The complaint appears to raise a failure to accommodate the applicant's creed and the organizations failure to address "racial imbalance."

3The respondents filed a response (TR-2) but did not file the original response they filed at the Commission. The respondents are directed to file a copy of the response they filed at the Commission within ten days of the receipt of this Interim Decision.

4The basis of the respondents' request for early dismissal is that the applicant was not directly employed by them although they acknowledge that he may had some form of employment relationship with a person (presumably Morrissa Amsel) who was under contract with them.

5At this stage, the relationship between the applicant, Morrissa Amsel and Royal LePage is not clear and it would not be appropriate to dismiss the Application based on the mere allegation by Royal LePage that they were not in an employment relationship with the applicant.

6The Tribunal is in the process of scheduling dates for a hearing, following which the parties are required to file their statements of additional facts and produce arguably relevant documents. If, at that stage, the applicant has not demonstrated any employment connection with Royal LePage, they may file a new Request for Order.

Morrissa Amsel

7Correspondence sent to the respondent, Morrissa Amsel at the last known address provided by Royal LePage has been returned unopened to the Tribunal. It is the responsibility of the applicant to locate this person and provide an address (work or home) where the Tribunal can deliver its Notice of Hearing, or the Tribunal may decide not to proceed any further with this application against the respondent, Morrissa Amsel.

8Royal LePage is directed to advise the Tribunal within ten days if they have any information about where Morrissa Amsel can be reached.