Mcleod v. Vale Inco, 2011 HRTO 1959

Human Rights Tribunal of Ontario

Between:

Chad Mcleod Applicant

-and-

Vale Inco Limited and Claire Parkinson Respondents

Interim Decision

Adjudicator: Alan G. Smith Date: October 31, 2011 Citation: 2011 HRTO 1959 Indexed as: Mcleod v. Vale Inco

Written Submissions

Chad Mcleod, Applicant (Self-Represented)

Background

1In a previous Interim Decision, 2011 HRTO 897, the Tribunal deferred this Application pending the conclusion of a hearing before the Ontario Labour Relations Board (“OLRB”). That proceeding has now concluded through the withdrawal of the OLRB application on August 23, 2011.

2On August 30, 2011, the applicant filed a Request to proceed under Tribunal Rule 14.3.

3The Respondents have not yet filed a Response to the Application, nor did they file any submissions with regard to the Request to proceed.

4On April 13, 2011, the applicant filed a Request for Order During Proceedings asking to amend the Application to include Daniel Seguin as a respondent to the proceedings.

Order

5The Request to proceed is granted.

6The respondents shall file a Response (Tribunal Form 2) not later than 35 days after the date of this Interim Decision.

7The respondents may also deliver to the applicant and to Daniel Seguin and file with the Tribunal written submissions regarding the Request to amend the Application by adding Daniel Seguin as a personal respondent. Submissions must also be delivered and filed not later than 35 days after the date of this Interim Decision. If the respondent fails to provide submissions, as directed, the issue of the proposed amendment may be decided based on the materials before the Tribunal.

8The Tribunal will provide Daniel Seguin with a copy of this Interim Decision and the Application. Pursuant to Rule 1.7(f) of the Tribunal’s Rules of Procedure, I further direct that, at least until the issue of the proposed amendment has been determined by the Tribunal, the parties provide Daniel Seguin a copy of all other documents they exchange.

9Daniel Sequin may deliver to the other parties and file with the Tribunal a response to the Request to amend the Application. The response to the Request must be delivered to the parties and filed with the Tribunal not later than 35 days of the date of this Interim Decision.

10I am not seized.