HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Charles Henderson
Applicant
-and-
Olanrewaju David Ogunmodede
Respondent
A N D B E T W E E N:
Charles Henderson
Applicant
-and-
Muhammad Amin
Respondent
A N D B E T W E E N:
Charles Henderson
Applicant
-and-
Robert Wahby
Respondent
A N D B E T W E E N:
Charles Henderson
Applicant
-and-
Martin Schleich
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Henderson v. Ogunmodede
Introduction
1These Applications allege discrimination with respect to services because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
Applicant’s Request to Add Respondents
2The applicant has requested permission to add the following respondents:
a. 2315771 Ontario Ltd. o/a Pond Mills Medical Centre, in Tribunal File No. 2014-18137-I;
b. Dr. M. Amin Medicine Professional Corporation o/a Medicentre/Wonderland Medicentre in Tribunal File No. 2014-18138-I; and
c. Dr. Martin J. Schleich Medicine Professional Corporation o/a Adelaide Medical Centre in Tribunal File No. 2014-18140-I.
3A preliminary hearing will be held by teleconference call to determine whether or not the proposed respondents in Tribunal File Nos. 2014-18137-I, 2014-18138-I and 2014-18140-I will be added as parties.
Respondent’s Request to File response to Reply – 2014-18137-I and 2014-18140-I
4The respondents, Olanrewaju David Ogunmodede (“Ogunmodede”) and Martin Schleich, each request permission to file a response to the applicant’s Reply because new allegations were raised in that Reply. Ogunmodede includes his proposed response.
5The applicant consents to the amendments to the Response as proposed by each of Ogunmodede and Schleich.
direction and order
Amended Responses and Replies
6Ogunmodede is permitted to amend his Response, but he need not file an amended Response. His Response will be comprised of his original Response and his September 16, 2014 submissions. The applicant’s Reply will be comprised of his original Reply and his December 10, 2014 Form 11 Response to Ogunmodede’s request to amend his Response.
7Schleich is permitted to amend his Response but he need not file an amended Response, and his Response will be comprised of his original Response and his August 19, 2014 submissions. The applicant’s Reply will be comprised of his original Reply and his December 10, 2014 Response to Schleich’s request to amend his Response.
Preliminary Hearing
8The Registrar will schedule a half day preliminary hearing by conference call to determine whether the requested parties should be added in Tribunal File Nos. 2014-18137-I, 2014-18138-I and 2014-18140-I. The parties will receive a Notice of Hearing, setting out the time, date and telephone numbers for the preliminary hearing. Although scheduled for half a day, not all preliminary hearings require a half day to complete. The parties must call in promptly at the scheduled start time of the conference call.
9The parties shall deliver to each other and file with the Tribunal copies of any further documents or cases they intend to rely upon for the preliminary hearing no later than 35 days after the date of this Interim Decision.
10The parties and intended parties in Tribunal File Nos. 2014-18137-I, 2014-18138-I and 2014-18140-I will be permitted to make submissions and, if necessary, give evidence at the preliminary hearing. All parties may wish to have regard to the Tribunal’s case law on adding respondents, including the test often relied on by the Tribunal and set out in Smyth v. Toronto Police Services Board, 2009 HRTO 1513, at para. 12. In Smyth, the Tribunal set out the following three considerations for deciding whether to add a respondent:
Are there allegations made that could support a finding that the proposed respondent violated the Code?
If the proposed respondent is an individual and an organization is also named, is there a compelling reason to include him or her as a respondent?
Would it be fair, in all the circumstances, to add the proposed respondent?
Dated at Toronto, this 8th day of June, 2015.
“signed by”
Dawn J. Kershaw
Vice-chair