HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paula Frances Iola Addley (Clarke)
Applicant
-and-
PGI Fabrene Inc. and Derek Peters
Respondents
INTERIM DECISION
Adjudicator: Eric Whist
Indexed as: Addley v. PGI Fabrene Inc.
1This Application was filed on May 5, 2010 under, the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges that the applicant was subject to discriminatory treatment while working for PGI Fabrene Inc. during the period 1990 to 2010.
2In an Interim Decision dated November 7, 2011, 2011 HRTO 2007, the Tribunal determined that the Application would only proceed in relation to the allegations related to events after May 5, 2009 and the allegations that related to events prior to this date were dismissed for delay. The Interim Decision also dismissed the Application against ten of the eleven named personal respondents in response to a Request for an Order During Proceedings (“RFOP”) filed by the corporate respondent, PGI Fabrene Inc., and these ten personal respondents. This Interim Decision is issued in response to a further RFOP filed by the eleventh named personal respondent, Derek Peters, who requests that he also be removed as a personal respondent.
3Mr Peters submits that the specific allegations that are contained in the Application that relate to him are untimely and as a consequence he should be removed as a respondent. Neither the applicant or PGI Fabrene Inc. have responded to Mr. Peters’ RFOP.
4I have reviewed the Application. The Application refers to Mr. Peters having allegedly made inappropriate comments on a log sheet in 2002 (see para 11) and for his role in auditing the applicant’s work in September 2009 (see para 31 and 35). I have reviewed Mr. Peters’ Response which refers to the log sheet incident in 2002 and to the audit in September 2009.
5Mr. Peters’ request that he be removed as a personal respondent on the basis that the allegations against him are untimely is denied. Some of these allegations date from September 2009 which is after May 5, 2009 and within one year of the date the Application was filed. These allegations are, therefore, timely.
The Application does not proceed in relation to the 2002 allegations against Mr. Peters as per the November 7, 2011 Interim Decision.
Dated at Toronto, this 22nd day of November, 2011.
“signed by”
Eric Whist
Vice-chair