Wedemire v. Bartlett Family Restaurants Inc., 2013 HRTO 924

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Neallos Wedemire Applicant

-and-

Bartlett Family Restaurants Inc. Respondent

INTERIM decision

Adjudicator: Ena Chadha Date: May 28, 2013 Citation: 2013 HRTO 924 Indexed as: Wedemire v. Bartlett Family Restaurants Inc.

WRITTEN SUBMISSIONS

Neallos Wedemire, Applicant Self-represented

1The applicant filed this Application on August 8, 2012, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to services, goods and facilities on the basis of race and colour.

2The respondent filed a Response on September 14, 2012, denying the allegations. The Response notes that the Application identifies the corporate franchisor McDonald’s Restaurants of Canada Ltd. as the respondent when, in fact, the restaurant where the alleged events occurred is a franchise owned and operated by Bartlett Family Restaurants Inc., the entity which should be substituted as the proper respondent in this matter.

3On April 12, 2013, the Tribunal issued Interim Decision 2013 HRTO 613, addressing certain amendments to the respondent’s Response. In the Interim Decision, the Tribunal stated that there appeared to be an outstanding issue with respect to the proper identity of the respondent party. The Tribunal noted that Bartlett Family Restaurants Inc., as the franchisee of the restaurant that is the subject of this Application, may be the proper respondent.

4The Tribunal directed counsel for the respondent to 1.) provide the full contact information for Bartlett Family Restaurants Inc., 2.) confirm that copies of the Tribunal’s and parties’ materials have been provided to Bartlett Family Restaurants Inc. and 3.) advise whether counsel represents Bartlett Family Restaurants Inc. and if not, the name and contact information of the representative. The applicant was also required to write to the Tribunal stating whether or not he consented substituting Bartlett Family Restaurants Inc. for McDonald’s Restaurants of Canada Ltd. as the respondent party.

5Subsequently, counsel for the respondent confirmed that she represents Bartlett Family Restaurants Inc., and provided its contact information. Counsel also confirmed that the respondent consented to removing McDonald’s Restaurants of Canada Ltd. and substituting Bartlett Family Restaurants Inc. as the respondent party to the Application.

6The applicant did not file submissions as directed by the Interim Decision.

7On May 14, 2013, the Tribunal issued Interim Decision 2013 HRTO 810, noting that pursuant to Rule 1.7(b) and (c) of the Tribunal’s Rules of Procedure, the Tribunal is empowered to “add or remove a party” and “allow any filing to be amended”. The Tribunal ordered that given the respondent’s consent and applicant’s failure to take any position regarding this matter, the Tribunal would remove McDonald’s Restaurants of Canada Ltd. and substitute Bartlett Family Restaurants Inc. as the respondent party to the Application.

8On May 14, 2013, the applicant wrote to the Tribunal explaining that he omitted to file submissions in response to Interim Decision 2013 HRTO 613 because of personal circumstances. The applicant indicated that he wished to have McDonald’s remain as a respondent along with Bartlett Family Restaurants Inc. because he believes that both organizations are responsible for staff conduct. The applicant further states that he attempted, to no avail, to address his concerns with Bartlett by making several phone calls.

9Other than the bald assertion of the applicant’s beliefs, I find that, in the circumstances of this case, there does not appear to be a reasonable basis upon which I can conclude that the corporate franchisor had a nexus to the alleged conduct of the individual franchisee employees. Having considered the applicant’s submissions, I see no basis upon which it would be appropriate to vary the order of the previous Interim Decision substituting Bartlett Family Restaurants Inc. as the respondent party.

10I am not seized.