Noorieh Hamidavi v. City of Toronto, 2010 HRTO 436

Human Rights Tribunal of Ontario

B E T W E E N:

Noorieh Hamidavi Applicant

-and-

City of Toronto, Her Majesty the Queen in right of Ontario as represented by the Ministry of Community and Social Services and Christine Nelson Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: February 25, 2010 Citation: 2010 HRTO 436 Indexed as: Hamidavi v. Toronto (City)

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). She identified the Ministry of Community and Social Services ("the Ministry") and Christine Nelson as respondents. The Ministry advised that it had been incorrectly named as a respondent and that the correct organizational respondent is the City of Toronto. The Ministry asked that the Application be dismissed as against it because it has been incorrectly named as a respondent.

2Through its legal counsel, the City of Toronto (the "City") has agreed that it is the correct organizational respondent. The City consents to being added as a respondent and to the dismissal of the Application as against the Ministry. The applicant has confirmed that she too agrees that the correct organizational respondent is the City and not Ministry and agrees that the Application should be dismissed against the Ministry.

3In these circumstances, the Application as against the Ministry (legally titled Her Majesty the Queen in right of Ontario as represented by the Ministry of Community and Social Services) is dismissed. The City of Toronto is added as a respondent. The Application will be sent to the City and the City shall file a Response within 35 days of its receipt of the Application.