Ogbonna v. Toronto Transit Commission, 2016 HRTO 1015

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nkiru Ogbonna

Applicant

-and-

Toronto Transit Commission

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: August 2, 2016 Citation: 2016 HRTO 1015 Indexed as: Ogbonna v. Toronto Transit Commission

WRITTEN SUBMISSIONS

Toronto Transit Commission and Denise Vasey, Respondents

Patricia Matusiak, Counsel

1On November 9, 2015, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, which named the Toronto Transit Commission and Denise Vasey as respondents, and alleged that they discriminated against her with respect to employment because of her race, sex, and family status.

2On February 5, 2016, the respondents filed a Response, a Request for an Order During Proceedings (“RFOP”), and a Request for Summary Hearing, which denied the allegations of discrimination, requested that Ms. Vasey be removed as a respondent to the Application, and requested that a Summary Hearing be held.

3The applicant has not filed a Reply to the Response, a Response to the RFOP, or a Response to the Request for Summary Hearing, and the time for doing so has long passed.

4The Request to remove Ms. Vasey as a respondent to the Application is granted. I see no reason not to grant this Request given the reasons provided by the respondents in support of their Request, and the applicant’s failure to respond to this Request. The title of proceeding is amended accordingly.

5The Request for Summary Hearing is denied. Pursuant to Rule 19A.5 of the Tribunal’s Rules of Procedure, the Tribunal need not give reasons for a decision not to hold a summary hearing following a party’s request.

6The Tribunal therefore makes the following orders:

1. Ms. Vasey is removed as a respondent to the Application.

2. The Request for Summary Hearing is denied.

7I am not seized of this matter.