Jean Turriff v. Metalumen Lighting and Metalumen, 2015 HRTO 1421

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean Turriff

Applicant

-and-

Metalumen Lighting and Metalumen

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: October 23, 2015 Citation: 2015 HRTO 1421 Indexed as: Turriff v. Metalumen Lighting

1On May 25, 2015, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, against Metalumen Lighting and Metalumen.

2On June 16, 2015, the Tribunal’s Registrar delivered the Application to the respondents.

3On June 30, 2015, the applicant filed a Request for an Order During Proceeding (“RFOP”), which requested that Metalumen Lighting and Metalumen be removed as respondents to the Application. She stated that she made a mistake by naming them as respondents, and wanted to clarify who to name as respondents, but the Tribunal delivered her Application to Metalumen Lighting and Metalumen before it was complete.

4On July 2, 2015, Metalumen Manufacturing, which identified itself as the applicant’s employer, filed a Response to the RFOP, which agreed that Metalumen Lighting and Metalumen were not properly named respondents.

5Since then, the Tribunal’s Registrar has granted the applicant three extensions of time to file a further RFOP to name the correct respondent(s). To date, she has not filed a further RFOP, and appears to be taking the position that she has one year from the last alleged incident of discrimination to file the RFOP.

6In the circumstances, the Tribunal makes the following order and direction:

1. The applicant’s request to remove Metalumen Lighting and Metalumen as respondents to the Application is granted.

2. Within one week of the date of this Interim Decision, the applicant shall file an RFOP to name the correct respondent(s) to the Application.

7If the applicant fails to comply with 2) above, the Tribunal’s Registrar will administratively close the file as incomplete because there are no named respondents.

8I am not seized of this matter.