Bark v. Oxford Properties Group, 2015 HRTO 328

Human Rights Tribunal of Ontario

B E T W E E N:

Louise Bark

Applicant

-and-

Oxford Properties Group and Garda World Security Corporation

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 16, 2015

Citation: 2015 HRTO 328

Indexed as: Bark v. Oxford Properties Group

WRITTEN SUBMISSIONS

Louise Bark, Applicant

Clara Matheson, Counsel

1The applicant has filed a Request for an Order During Proceedings (Form 10) asking to amend her Application to add Garda World Security Corporation (“Garda”) as a respondent. The Request to Amend contained a Form 23 indicating that it had been served on the proposed respondent, but Garda did not file a Response to the Request for Order (Form 11) and the time for doing so has now passed.

2In its Response (Form 2) to the Application, Oxford Properties Group (“Oxford”) noted that it had been incorrectly named in the Application as “Royal Bank Plaza, North Tower – Corporate Head Office.” The applicant does not dispute that Oxford Properties Group is the proper legal name of this respondent and the style of cause has been amended to reflect this.

3Oxford also noted in its Response that the applicant had not made her concerns about the closure of the powered door (at the location identified in the narrative of her Application) known to Oxford, but instead voiced them to the security guards, who are not employees of Oxford, thus depriving Oxford of the opportunity to meet with and address the applicant’s concerns. It would appear from the materials that the security guard in question is an employee of Garda.

4The applicant submits that Garda and Oxford are jointly liable for the alleged discrimination. Given the position of the applicant and Oxford concerning liability, and in the absence of any submissions from Garda, it is appropriate to add Garda as a respondent to this proceeding.

order

5Accordingly, I make the following orders:

a. The applicant’s request is granted and the Application is amended to add Garda World Security Corporation as a respondent; and

b. Garda World Security Corporation is directed to file its Response within 35 days of the date of this Interim Decision.