Kelly v. Inkas Security Services Ltd., 2014 HRTO 895

Human Rights Tribunal of Ontario

B E T W E E N:

Michelle Kelly

Applicant

-and-

Inkas Security Services Ltd.

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw
Date: June 17, 2014
Citation: 2014 HRTO 895
Indexed as: Kelly v. Inkas Security Services Ltd.

WRITTEN SUBMISSIONS

Inkas Security Services Ltd., Respondent

Self-represented

Introduction

1This Application alleges discrimination with respect to employment because of race, colour, ethnic origin, sex, sexual solicitation, sexual orientation and marital status contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

respondent representative

2In an Interim Decision, dated June 3, 2014, in response to an issue raised by the applicant's counsel during the summary hearing, I requested submissions from the respondent's representative with respect to whether he was a proper representative of the respondent corporation in accordance with Rule A9.1 of the Social Justice Tribunals Ontario's Common Rules, which provides:

A9.1 Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws.

3As noted in the Tribunal's Practice Direction on Representation before Social Justice Tribunals Ontario, an unlicensed person must fall within a category of persons the Law Society of Upper Canada has exempted from its licensing requirements, as follows:

A person who is not licensed, whose license is suspended or who is not in an exempted category will not be permitted to act as a representative in SJTO proceedings.

UNLICENSED REPRESENTATIVES

An unlicensed person may represent a party in proceedings before the SJTO if that person falls within the specific licensing exemptions established by the LSUC.

A person who is not licensed may be asked by the SJTO to identify the LSUC exemption category to which he or she belongs.

The current exemptions permit the following unlicensed persons, among others, to act as a representative:

• an unpaid friend or neighbour who is not in the business of providing legal services, who does not receive compensation, and who provides legal services in no more than 3 matters in a year
• an unpaid family member who is not in the business of providing legal services and who does not receive compensation
• a member of Provincial Parliament (MPP) or the Constituency assistant working in the MPP's office,
• an employee or volunteer from a trade union or appropriate organization,
• students, volunteers and employees of legal clinics funded through Legal Aid Ontario,
• individuals employed by a single employer, for example, a municipal prosecutor or employee of a corporation appearing on behalf of the corporation [emphasis added]

4In submissions dated June 6, 2013, the respondent's representative submitted that he fits within one of the exemptions provided by the Law Society of Upper Canada, namely "individuals employed by a single employer, for example, […] [an] employee of a corporation appearing on behalf of the corporation".

5The respondent's representative is an employee of the respondent corporation and appears to fit squarely within that exemption. As such, he is permitted to appear as the respondent corporation's representative.

clarification of interim order, dated june 3, 2014

6The respondent's representative asked for clarification of my Interim Decision, dated June 3, 2014, stating that I had not referred to the fact that the applicant had advised at the hearing that she was withdrawing any allegations with respect to the termination of her employment.

7In fact, paragraph 7 of that Interim Decision does refer to that fact. For the purposes of clarification, the applicant asserts no allegations with respect to the termination of her employment.

order

8The respondent's representative may properly represent the respondent corporation.

9Those portions of the applicant's Application dealing with allegations with respect to the termination of her employment are withdrawn.

10I am not seized of this matter.