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Request to add franchisor as respondent denied due to lack of employment control; personal respondent added.
The applicant filed a human rights application alleging discrimination in employment.
The applicant sought to add the owner of the corporate respondent as a personal respondent, and the franchisor-like entity (Best Western International Inc.) as a corporate respondent.
The Tribunal granted the request to add the personal respondent due to questions about the corporate respondent's continued existence and ability to pay compensation.
The Tribunal denied the request to add Best Western International Inc., finding no basis for direct or vicarious liability given the independent contractor relationship and lack of control over employment matters.
The Tribunal also declined to defer the application pending the outcome of the applicant's WSIB claim.