Kern v. Human Resources Capital Group, 2010 HRTO 774

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jaime Kern

Applicant

-and-

Human Resources Capital Group Inc. o/a Spherino Workforce Architects,

Scott Macpherson and Krista Drake

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: April 7, 2010

Citation: 2010 HRTO 774

Indexed as: Kern v. Human Resources Capital Group

1A hearing in this matter was scheduled for April 7, 2010. On March 25, 2010, the respondents delivered and filed a Request for Order During Proceeding (the “Request”) seeking, alternatively an Order removing the personal respondents, or, an adjournment of the hearing pending the location and service of this Application on one of the two personal respondents. The applicant served the Application on counsel for the corporate respondent, who represented all respondents when the human rights complaint was first filed in April 2005. Since that time Scott Macpherson has left the employ of the corporate respondent and is in no longer in contact with counsel.

2The applicant objected to the respondents’ Request to remove the two individual respondents stating that they are “critical to this Application”.

3The hearing was adjourned and the parties notified by Registrar’s letter prior to the hearing.

4Although it is less than clear why the named respondent Macpherson is critical to the fair, just and expeditious adjudication of this Application, a consideration of that issue is premature at this stage in light of the fact that this respondent may be entirely unaware that the Application is proceeding to a hearing. Moreover, even if it is ultimately determined that this individual is not appropriately included as a party, given the applicant’s position on the issue, it may be that the applicant will want to summons the individual to the hearing.

5If the applicant wishes to pursue this Application as against Scott Macpherson, he shall, within 60 days of the date of this Interim Decision, deliver and file in accordance with the Tribunal’s Rules a copy of this Application on the individual and provide proof of delivery in Form C. The respondent will provide to the applicant the last known contact information in its possession for this individual within five days of the date of this decision.

6Upon receipt of further advice from the applicant the Tribunal will contact the parties and schedule a one-day hearing.

7I am not seized.