Tombs v. 1303939 Ontario Inc., 2014 HRTO 475

Human Rights Tribunal of Ontario

B E T W E E N:

Wendy Tombs

Applicant

-and-

1303939 Ontario Inc., 1776603 Ontario Inc.,

David Hornstein and Karen Hambrock

Respondents

Interim Decision

Adjudicator: Kathleen Martin

Date: April 7, 2014

Citation: 2014 HRTO 475

Indexed As: Tombs v. 1303939 Ontario Inc.

1This is an Application filed under s. 34 of the Human Rights Code R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision determines a Request for Order During Proceedings to add 1303939 Ontario Inc. as a party to the proceeding.

2By Interim Decision, 2013 HRTO 1574, the Tribunal directed that the respondents 1776603 Ontario Inc. and the two named individuals file Response(s). The Tribunal stated that the respondents may identify any additional respondent that they believe should be named and may file a Request for Order During Proceeding if they take the position that he or she should not be included as a respondent.

3No responses have been filed. Instead, the respondents 1776603 Ontario Inc. and the two named individuals filed only a Request for Order During Proceeding seeking their removal as parties. These respondents identify “1303939 Ontario Ltd.” as the employer of the applicant. The respondents previously submitted that “1303939 Ontario Inc.” is the proper respondent to the Application.

3The applicant has filed a Response opposing the Request to remove 1776603 Ontario Inc. and the two named individuals.

4The applicant has also filed a Request for Order During Proceeding seeking to add “1303939 Ontario Inc.” as a party. The applicant indicates that she mailed a copy of her Request to the proposed respondent who is identified on the corporation profile report information as the president of 1303939 Ontario Limited that was submitted in this proceeding in connection with a separate request.

4No response has been filed by 1303939 Ontario Inc. (or 1303939 Ontario Ltd.) and the time for responding has elapsed.

5Having regard to the material filed and submissions made, 1303939 Ontario Inc. is added as a respondent. 1303939 Ontario Inc. is required to file a response (Form 2) to the Application within 35 days of the date of this Interim Decision. The respondent shall clarify in its response whether the suffix to its corporate name is Ltd. or Inc.

6The respondents 1776603 Ontario Inc. and the two named individuals are ordered to comply with the Tribunal’s Interim Decision. For clarity, the respondents shall file responses (Form 2). Given that the new respondent is being given 35 days to file its response, I extend the deadline for filing a response to these respondents accordingly.

7As previously stated, where there are issues with respect to the inclusion of parties, it is usually dealt with on the basis of a full record. I would add that where the parties agree to try mediation, the disposition of requests usually occurs after mediation.

Summary of Orders and Directions

8The Tribunal directs and orders:

• 1303939 Ontario Inc. is added as a respondent and required to file a response (Form 2) to the Application within 35 days of the date of this Interim Decision;

• The respondents 1776603 Ontario Inc., David Hornstein and Karen Hambrock are ordered to comply with the Tribunal’s Interim Decision, 2013 HRTO 1574. For clarity, the respondents shall file responses (Form 2). The deadline originally given is extended to within 35 days of the date of this Interim Decision.