HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marie Desbiens
Applicant
-and-
Casselhome for the Aged, Canadian Union of Public Employees, and Local 146
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Desbiens v. Casselhorne for the Aged
WRITTEN SUBMISSIONS
Marie Desbiens, Applicant
Keith Allen, Representative
Workplace Safety and Insurance Board, Respondent
Greg Bullen, Counsel
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment against Casselhome for the Aged (“Cassehome”) and the Canadian Union of Public Employees, Local 133.
2Casselhome in its Response added the Workplace Safety and Insurance Board (the “WSIB”) as an additional respondent.
3On August 9, 2013, the WSIB filed a Response and a request for an Order During Proceedings (the “RFOP’) on the basis that there are no allegations in the Casselhome Response or the Application that it infringed the applicant’s rights pursuant to the Code.
4On September 6, 2013, the applicant filed a response to the WSIB’s in which she takes the position that the WSIB was not named in this proceeding and that the Application is against Casselhome and CUPE.
5Casselhome has not explained in its Response how the WSIB infringed the applicant’s rights. Further, they have made no submissions in response to the WSIB’s RFOP.
Decision
6Rule 1.7(b) of the Tribunal’s Rules provides that the Tribunal may add or remove a party. In this case the WSIB was added as a party by the respondent Casselhome. It is plain and obvious that there are no allegations made against the WSIB in either the Application or Cassehome Response which could lead to the conclusion that the WSIB has infringed the applicant’s rights.
7Further, the applicant consents to the removal of the WSIB as a respondent. Casselhome has provided no Response to the WSIB’s RFOP or to explain why the WSIB should be a respondent to these proceedings.
8In these circumstances I find that it is appropriate to remove WSIB as a respondent.
Order
9The Tribunal orders:
a. That the WSIB is removed as a respondent and that the style of cause shall be immediately amended to reflect this change.
10I am not seized.
Dated at Toronto, this 17th day of September, 2013.
“Signed By”
Geneviève Debané
Vice-chair