The applicant filed a human rights application alleging sexual harassment and reprisals against ECE Distribution Ltd. and an individual respondent.
ECE Distribution denied an employment relationship, stating the applicant was an independent contractor with Cooney Promotions Inc. The applicant requested to add Cooney Promotions Inc. as an organization respondent.
Applying the Smyth test, the Tribunal found that the application contained allegations that could support a finding of a Code violation by Cooney Promotions Inc. and that adding the party at this early stage would not cause prejudice.
The request to add Cooney Promotions Inc. was granted, and the applicant was directed to provide submissions on why ECE Distribution should remain a respondent.