HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sandi Marie Crawford Applicant
-and-
Imperial Oil Respondent
INTERIM DECISION
Adjudicator: Jennifer Scott Date: September 22, 2015 Citation: 2015 HRTO 1259 Indexed as: Crawford v. Imperial Oil
APPEARANCES
Sandi Marie Crawford, Applicant Self-represented
Imperial Oil, Respondent Richard Nixon, Counsel
Introduction
1This Application is scheduled for a hearing on October 5, 2015 in Toronto.
2The Application alleges that the applicant, Sandi Crawford, and her husband George Crawford, were denied services because of their race at a gas station owned by the respondent. Although the Application was filed by Sandi Crawford, the narrative includes George Crawford, and the alleged incident of discrimination is described as a joint experience.
3On June 24, 2014, the date the Application was filed, Sandi Crawford requested that George Crawford be added as a party. That request was not dealt with by the Tribunal in a timely way. The same request was made again on June 29, 2015.
4On August 7, 2015, a case management conference call took place to address several interim requests filed by the parties, including Sandi Crawford’s request to add George Crawford as an applicant.
5By Interim Decision dated August 18, 2015 (2015 HRTO 1103), I held that I would accept Sandi Crawford’s Application as George Crawford’s Application in light of her submissions that his Application was identical to hers. I held that it was not necessary for him to file a separate Application. I made this decision because Sandi Crawford’s Application clearly describes the same incident of discrimination that was allegedly experienced by her and by George Crawford. I held further that George Crawford’s Application was untimely and that I would require submissions on the question of delay.
6The respondent has sought reconsideration of this Interim Decision. While reconsideration is not normally permitted for an Interim Decision, I have reconsidered my decision because it was made without hearing from George Crawford. In the absence of submissions from George Crawford, I do not know whether he wants to file an Application before the Tribunal.
order
7One of the following steps must be taken by September 29, 2015, if George Crawford wants to pursue an Application before the Tribunal:
a. George Crawford must file a separate Application; or
b. Sandi Crawford must file a Form 27 which indicates George Crawford’s consent to have an Application filed on his behalf. It is not necessary to re-file Sandi Crawford’s Application with the Form 27.
8If George Crawford does not take either of these steps, he will not be a party and the Tribunal will proceed with Sandi Crawford’s Application alone. George Crawford may be a witness in Sandi Crawford’s Application.
9Any further outstanding issues, including the issue of delay if George Crawford does want to file an Application before the Tribunal, will be dealt with at the commencement of the hearing. The parties should come to the hearing prepared to proceed with the hearing on the merits.
10The parties are advised of the Tribunal’s mediation/adjudication process set out in Rule 15A of the Tribunal’s Rules of Procedure. A copy of the Tribunal’s mediation/adjudication agreement is attached to this Interim Decision for the parties’ review. The Tribunal will offer this process at the commencement of the hearing on October 5, 2015. If the parties agree, the hearing will start with mediation/adjudication. If they do not agree, the hearing will commence with preliminary issues, followed by the applicant’s evidence.
Dated at Toronto, this 22nd day of September, 2015.
“Signed by”
__________________________________
Jennifer Scott Vice-chair