Bourgeois v. American Restaurant Service, 2015 HRTO 1710

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Katherine Bourgeois Applicant

-and-

American Restaurant Service and Bala Kumar Respondents

INTERIM DECISION

Adjudicator: Alison Renton Date: December 18, 2015 Citation: 2015 HRTO 1710 Indexed as: Bourgeois v. American Restaurant Service

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application was initially dismissed and a subsequent Request for Reconsideration was granted. See Bourgeois v. Kumar, 2015 HRTO 173, and Bourgeois v. Kumar, 2015 HRTO 463.

2Initially, the applicant filed her Application only against the personal respondent.

3For the reasons set out in an Interim Decision dated October 28, 2015 (Bourgeois v. Kumar, 2015 HRTO 1438), the Tribunal found that the personal respondent was deemed to have accepted the allegations because of his failure to file a Response. The Tribunal stated that a case management call would be scheduled to address a number of issues so that a hearing could be scheduled.

4A case management call was held on December 17, 2015 at 9:30 a.m. Despite notice of the call being sent to the personal respondent, he did not call into the call or otherwise communicate with the Tribunal. The call proceeded with the applicant.

5During the call, the applicant stated that it was her intention to have American Restaurant Service added as a respondent as well. American Restaurant Service was the applicant’s employer at which the personal respondent was a manager. She confirmed American Restaurant Service’s address. The Tribunal orally ordered that American Restaurant Service be added as a respondent. Rule 1.7(b) of the Tribunal’s Rules of Procedure permits the Tribunal to add or remove a party.

6Given that American Restaurant Service is now added as a respondent, the Tribunal cannot proceed with the issues in the Interim Decision. Instead, the Application will be sent to American Restaurant Service and it will have 35 days to file a Response with the Tribunal. A letter will be issued from the Tribunal to American Restaurant Service, along with copies of the documentations, decisions and interim decisions issued in this file, providing further information about how to file a Response.

7I am not seized with this matter.