Siahaan v. Via Verde Hydroponics Ltd., 2017 HRTO 1703

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Torkis Siahaan Applicant

-and-

Via Verde Hydroponics Ltd., AHWBC Canada Limited o/a AC County Income Tax also o/a AHW Business Service, Ciptapati Winhar Inc., Nehwin Wanhar, Abdullah Waing, Aji Suroto, Dudy Supriyadi and Eris Trisnandar Respondents

INTERIM DECISION

Adjudicator: Bruce Best
Date: December 22, 2017
Citation: 2017 HRTO 1703
Indexed as: Siahaan v. Via Verde Hydroponics Ltd.

WRITTEN SUBMISSIONS

Torkis Siahann, Applicant

Zahra Binbrek, Counsel

1In his Reply, filed with an accompanying Request for an Order During Proceedings dated November 14, 2017, the applicant sought to add an organizational respondent to these proceedings.

2The applicant claims that, through materials obtained during related criminal proceedings, it appears that the actions of the individual respondent Nehwin Wanhar may have been done on behalf of or through a corporate entity, Ciptapati Winhar Inc., of which he is a director. As the allegations against Mr. Wanhar may, pursuant to s. 46.3 of the Code, be deemed to be the actions of the corporation, he argues that the corporation should be added as a party to these proceedings.

3Neither Mr. Wanhar nor Ciptapati Winhar Inc., nor any of the other respondents, objected to the Request to add the corporation as a party to the proceedings.

4If the actions of Mr. Wanhar were done as part of his role as a director of the corporation, the corporation is a proper party to the proceedings. It is, therefore, appropriate to add Ciptapati Winhar Inc. as a respondent.

5The Registrar shall deliver the Application to Ciptapati Winhar Inc., in accordance with the Tribunal’s normal procedure, and it may file a Response within 35 days of service.

6I also note that a mediation has been scheduled for March 2018 in Windsor. Ciptapati Winhar Inc. shall also be provided with a copy of the Notice of Mediation.

Order

7Ciptapati Winhar Inc. is added as a respondent.

8I am not seized of this matter.