Bass v. Royal Canadian Legion, Branch 479, 2011 HRTO 193

Human Rights Tribunal of Ontario

B E T W E E N:

Melody Bass

Applicant

-and-

The Royal Canadian Legion, Branch 479, Diane Condon, Bertram Marshall, Dillon LaRonde and David Uguccioni

Respondents

INTERIM decision

Adjudicator: Naomi Overend

Date: January 26, 2011

Citation: 2011 HRTO 193

Indexed as: Bass v. Royal Canadian Legion, Branch 479

1The applicant filed an Application alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 13, 2009. She named four individual respondents and one organizational respondent, the Royal Canadian Legion, Dominion Command (“Dominion Command), which she thought was her employer.

2In its Response, Dominion Command indicated that it was not the applicant’s employer; that her employer was a separate legal entity, Royal Canadian Legion, Branch 479 (“Branch 479”). The applicant subsequently brought a Request for Order During Proceedings (Form 10) seeking to add Branch 479 as a respondent to her Application.

3Counsel for the respondents filed written submissions with the Tribunal indicating that the parties consented to the removal of Dominion Command and the addition of Branch 479. These submissions were signed by counsel for the applicant, who by doing so acknowledged that Branch 479 was her employer.

4The Tribunal agrees that this is an appropriate course of action. Accordingly, the Tribunal orders: (1) that the Application is dismissed as against the Royal Canadian Legion, Dominion Command; and (2) that the Royal Canadian Legion, Branch 479 is added as a respondent to the Application. The style of cause is amended accordingly.

5I am not seized of this Application.