Garrie v. Janus Joan Inc., 2012 HRTO 999

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terri-Lynn Garrie

Applicant

-and-

Janus Joan Inc. and Stacey Szuch

Respondent

-and-

Ontario Human Rights Commission

Intervenor

DECISION

Adjudicator: David A. Wright

Decision Date: May 16, 2012

Citation: 2012 HRTO 999

Indexed as: Garrie v. Janus Joan Inc.

WRITTEN SUBMISSIONS

Terri-Lynn Garrie, Applicant

Kate Stephenson, Counsel

Janus Joan (1996) Inc., Proposed Respondent

Randy A. Pepper, Counsel

1A final Decision was issued in this Application on January 12, 2012, allowing the Application and ordering remedies: 2012 HRTO 68. The applicant requested Reconsideration of the remedy awarded and the extent of the finding of liability, based on legal issues, on February 14, 2012. On February 17, 2012, I issued a Case Assessment Direction ordering an oral hearing on the Request for Reconsideration and noting that a panel of three Tribunal members would hear the Request. On March 29, 2012, the applicant filed a Request for Order During Proceedings seeking to add a respondent, Janus Joan (1996) Inc. In short, the Request argues that this respondent should be added as it is some sort of successor to the organization respondent, Janus Joan Inc. The proposed respondent has filed a Response to the Request, taking issue with the appropriateness of adding it as a respondent and denying that it is related to Janus Joan Inc.

2The Request is dismissed. There are numerous legal difficulties with it, but I need cite only one. No party has requested reconsideration of the finding that the Code was violated. That decision is final: s. 45.7 of the Code. Without seeking reconsideration of the finding of liability, the applicant seeks to make the proposed respondent liable on the basis of a hearing of which it had no notice and in which it had no opportunity to participate. The procedural unfairness and prejudice of this is obvious.

3The proposed respondent seeks costs. Costs are not available in the Tribunal’s process: see Dunn v. United Transportation Union, Local 104, 2008 HRTO 405.

4I am not seized.