Lajoy v. BlueLine Rental Inc., 2015 HRTO 59

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Lajoy Applicant

-and-

BlueLine Rental Inc. Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: January 15, 2015 Citation: 2015 HRTO 59 Indexed as: Lajoy v. BlueLine Rental Inc.

WRITTEN SUBMISSIONS

James Allan Lajoy, Applicant Christine Lundy, Representative

BlueLine Rental Inc., Respondent Blair McCreadie, Counsel

1This Interim Decision addresses the applicant’s request to amend the name of the respondent in this matter.

2By Application filed on September 26, 2013, the applicant alleged that the respondent discriminated against him because of disability contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”). By Interim Decision, 2014 HRTO 31, the Tribunal deferred consideration of the Application until a parallel Workplace Safety and Insurance Act proceeding is complete. That proceeding remains ongoing.

3On December 19, 2014, the applicant filed a Request for Order During Proceedings (“RFOP”) in which he requested that the Tribunal amend the name of the respondent. In the Application, the applicant named his former employer “Vrents Inc. o/a Volvo Rents” as the respondent. In his RFOP, the applicant claimed that Vrents Inc. o/a Volvo Rents was sold to Platinum Equity and renamed BlueLine Rental. The applicant suggested that the Tribunal amend the respondent’s name to “Platinum Equity o/a BlueLine Rentals”.

4In its Response to the applicant’s RFOP, the respondent consented to amend the respondent’s name to BlueLine Rental Inc. The respondent submitted that BlueLine Rental Inc. is the successor to VRents. The respondent opposed any attempt to amend the name of the respondent to Platinum Equity or to add Platinum Equity as a respondent. According to the respondent, VRents was an affiliate of the Volvo Group of Companies. The Volvo Group of companies subsequently sold its ownership interest in VRents to Platinum Equity. According to the respondent, following the acquisition, Platinum Equity rebranded VRents to BlueLine Rental Inc. The respondent claimed that BlueLine Rental Inc. is the only proper successor to VRents. It stated that employees at VRents, including those working at the applicant’s former workplace, have been advised that their employer is now BlueLine Rental Inc.

5In the circumstances, I find it appropriate to amend the name of the respondent to BlueLine Rental Inc. If the applicant wishes to add Platinum Equity as a respondent, he should make this request, along with supporting submissions, when he requests the re-activation of his deferred Application.

ORDER

6For the reasons set out above, the name of the respondent is amended to BlueLine Rental Inc.

7I am not seized of this matter.