Martin Greenidge v. The Home Depot of Canada Inc. and Maren Nimec, 2016 HRTO 145

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Martin Greenidge

Applicant

-and-

The Home Depot of Canada Inc. and Maren Nimec

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: February 2, 2016

Citation: 2016 HRTO 145

Indexed as: Greenidge v. The Home Depot

WRITTEN SUBMISSIONS

Martin Greenidge, Applicant

Wade Poziomka, Counsel

The Home Depot of Canada Inc. and Maren Nimec, Respondents

Jonathan Dye, Counsel

Introduction

1In his Application, the applicant alleged that the respondents discriminated and harassed him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended ("Code").

2The applicant alleges that he experienced harassment by the individual respondent contrary to section 7(2) and 7(3) of the Code. He alleges that the individual respondent was in a position to confer, grant or deny a benefit or advancement to him. The applicant also alleges that he was reprised against by the respondents for rejecting the sexual advances made by the individual respondent.

3In their Response, the respondents raise the preliminary issues of whether the Application should be dismissed as against the corporate respondent on the basis that a corporation is not liable for any sexual solicitation or advancements made by its employees. The respondents also raise the issue of whether the Application should be dismissed against the individual respondent as she is not in a position to confer, grant or deny a benefit or advancement to the applicant.

4In my view, it would be premature to remove any of the respondents as a party to this proceeding or to dismiss the Application against a respondent without hearing evidence on these issues that must be determined under section 7, 8 and 46.3 of the Code. As a result, the respondents' Request is denied.

order

5The respondents Request for removal of a party respondent and dismissal of the Application is denied.

6I am not seized.