Benstead v. Farr, 2014 HRTO 1163

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Benstead

Applicant

-and-

Darryl Rodney Farr, Wanda Vanzutphen and Andrew Scherle

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: August 1, 2014

Citation: 2014 HRTO 1163

Indexed as: Benstead v. Farr

WRITTEN SUBMISSIONS

Jennifer Benstead, Applicant

Self-represented

Introduction

1This Interim Decision addresses the applicant’s request to add two personal respondents to the Application.

2By Application filed on May 29, 2014, the applicant alleged that the respondents discriminated against her because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). The applicant alleged that the respondents discriminated against her when they refused to rent her an apartment.

Request to add personal respondents

3By request filed on July 11, 2014, the applicant sought to add Darryl Rodney Farr and Wanda Vanzutphen as personal respondents to her Application. The applicant requested that the Tribunal add Mr. Farr and Ms. Vanzutphen as respondents because they allegedly own the building where she sought to rent an apartment.

4The proposed respondents did not file a Response to the applicant’s request and the time for doing so has now passed.

5The analysis applied by the Tribunal when dealing with requests to add respondents is the analysis set out in Smyth v. Toronto Police Services Board, 2009 HRTO 1513, at para. 12 (“Smyth”). In Smyth, the Tribunal set out the following three considerations for deciding whether to add a respondent:

1. Are there allegations made that could support a finding that the proposed respondent violated the Code?

2. If the proposed respondent is an individual and an organization is also named, is there a compelling reason to include him or her as a respondent?

3. Would it be fair, in all the circumstances, to add the proposed respondent?

6Having considered the factors set out in Smyth, I find it appropriate to grant the applicant’s request to add Mr. Farr and Ms. Vanzutphen as personal respondents. The applicant’s allegations relate to alleged conduct by Mr. Farr and Ms. Vanzutphen in directing their manager Andrew Scherle to give preference to persons who are employed. The applicant is in receipt of Ontario Disability Support Program benefits. Due to the allegations made in the Application, it may be appropriate for the Tribunal to award a remedy against the personal respondents if the applicant meets her burden of proving her allegations in this case.

Order

7For the reasons set out above, the applicant’s request to add Darryl Rodney Farr and Wanda Vanzutphen as personal respondents is granted. The style of cause shall be amended accordingly.

8The Tribunal will send a copy of the Application to Mr. Farr and Ms. Vanzutphen, who are required to file a Response no later than 35 days after a copy of the Application is sent to them by the Tribunal.

9I am not seized.