Morgan v. Lebasco Corporation, 2011 HRTO 1048

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan Morgan

Applicant

-and-

Lebasco Corporation and Mountainview Homes

Respondents

interim decision

Adjudicator: Keith Brennenstuhl

Date: June 1, 2011

Citation: 2011 HRTO 1048

Indexed as: Morgan v. Lebasco Corporation

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of age in the area of employment. She claims that Mountainview Homes (“Mountainview”) was her employer and names Mountainview as the respondent.

2A complete Response has been filed by The Lebasco Corporation (”Lebasco”). Lebasco states that Mountainview was not the applicant’s employer. Lebasco indicates that it provides various services to the Mountainview group of companies and that Lebasco hired the applicant and that she was Lebasco’s employee at the time of her termination. The Response includes the applicant’s employment contract with Lebasco and her Record of Employment naming Lebasco as the employer.

3In her Reply the applicant indicates that she understood “Mountainview Homes and Lebasco Corporation are one and the same”. She also indicates that she “received pay stubs with The Lebasco Corporation written on them.”

4Based on the material before me, it would appear that Lebasco was, indeed, the applicant’s employer. I find that it is fair, just and expeditious to add Lebasco as a party to this proceeding.

5The Tribunal orders that Lebasco be added as a respondent to the Application. The style of cause is amended accordingly.

6I am not seized.