Joanne Nickerson v. Timothy Price, Naushad Hoosen and Leslie Nash, 2012 HRTO 1603

Human Rights Tribunal of Ontario

B E T W E E N:

Joanne Nickerson

Applicant

-and-

Timothy Price, Naushad Hoosen and Leslie Nash

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: August 21, 2012

Citation: 2012 HRTO 1603

Indexed as: Nickerson v. Price

WRITTEN SUBMISSIONS

Joanne Nickerson, Applicant

Leanne E. Standryk, Counsel

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of disability.

2In their Response to the Application the respondents Prince, Hoosen and Nash (the "individual respondents") indicated that the named organizational respondents would not be filing a Response.

3The individual respondents indicated at that at the relevant time they were the only proper parties to the Application. The individual respondents have been practicing medicine as part of a family medical practice for several years. They indicate that Fourth Avenue Medical Centre is not a legal entity but a business style. They also submit that the entity Naushad Hoosen Medicine Professional Corporation is a corporation but was established after the events giving rise to the Application.

4By Case Assessment Direction dated July 6, 2012, the Tribunal invited the parties to provide written submissions with respect to the issue identified by the individual respondents.

5The Applicant submitted:

...the Applicant concedes that the Individual Respondents are the only proper parties to the proceeding. It is understood that Fourth Avenue Medical Centre is only a business style and not a corporate entity. Dr. Hoosen Professional Corporation was incorporated on or about October 7, 2010 which was subsequent to the termination of the Applicant. The Applicant wishes to continue the proceedings as against the Individual Respondents only.

6The Tribunal therefore orders that Fourth Avenue Medical Centre and Naushad Hoosen Medicine Professional Corporation be removed as respondents from the Application and the style of cause be amended accordingly.