Human Rights Tribunal of Ontario
B E T W E E N:
Julie Carlisle
Applicant
-and-
2373265 Ontario Inc. o/a Perfect Painters and Perfect Renovations Group
Respondent
DECISION
Adjudicator: Esi Codjoe
Indexed as: Carlisle v. 2373265 Ontario Inc.
APPEARANCES
Julie Carlisle, Applicant
Self-represented
2373265 Ontario Inc. o/a Perfect Painters and Perfect Renovations Group, Respondent
Michael Delonote, Representative
Introduction
1This is an Application under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging a contravention of a settlement. The respondent filed a Response on December 30, 2016.
Contravention of Settlement
2The applicant alleges that the respondent did not pay her $3,250.00 by October 16, 2016, as provided in the Minutes of Settlement. The relevant section of the Minutes of Settlement states:
The corporate respondent shall pay the applicant $4,000.00 as general damages. A cheque in the amount of $750.00 shall be sent to the applicant’s home address by March 9, 2016. The balance shall be paid by October 1, 2016.
3The respondent does not dispute that it did not pay the applicant $3,250.00 as required in the Minutes of Settlement. It takes the position that the corporation ceased operation in July, 2016. Further, it submits that the corporation has no revenue or employees. The respondent asserts that the Workplace Safety and Insurance Board has frozen the corporation’s accounts. The respondent confirms that there are no other legal proceedings in a court or tribunal pertaining to the corporation’s financial status. It submits that given its financial status, it should not be obligated to pay the remainder of the funds outlined in the Minutes of Settlement.
4Notwithstanding the respondent’s submissions, I find that its failure to pay $3,250.00 to the applicant by October 1, 2016 is a contravention of the Minutes of Settlement. I have not been provided with a legal basis to release the respondent from its obligation to pay the sum outlined in the Minutes of Settlement. I am satisfied that the respondent breached or contravened the settlement.
5The applicant requests that the Tribunal issue an order for payment of the remainder of the settlement funds. The remedy for non-compliance with the terms of a settlement is typically an order to pay the monies plus pre- and post-judgement interest. See, for example, DiCiaula v. Callan Property Management Group, 2015 HRTO 1437, and Keating v. 2229884 Ontario Inc., 2015 HRTO 1677.
Request to Amend
6The applicant requested an order to amend the respondent’s corporate name to include the numbered company included on a settlement cheque that the respondent sent to the applicant. The name on the cheque was 2373265 Ontario Inc. o/a Perfect Painters. She also notes that the respondent operates as Perfect Renovations.
7The respondent concedes that it is known as 2373265 Ontario Inc. o/a Perfect Painters and Perfect Renovations Group. It does not object to the request to amend its corporate name.
Order
8The respondent’s name is amended to 2373265 Ontario Inc. o/a Perfect Painters and Perfect Renovations Group, and the style of cause is amended accordingly.
9The Application for Contravention of Settlement is allowed and the respondent is ordered to:
a. pay the applicant $3,250.00 together with pre-judgement interest at the rate of 0.8% on the entire total of $3,250.00 from October 1, 2016, the date by which this sum should have been paid to the applicant; and,
b. pay the applicant post-judgement interest at the rate of 2% from the date of this decision.
Dated at Toronto, this 19th day of October, 2017.
“Signed by”
Esi Codjoe
Vice-chair