The applicant filed a human rights application against her employer, King Township, alleging discrimination and harassment based on disability, sex, and reprisal.
She subsequently requested to add three individuals as respondents: Alan Jackson, Rick Hampton, and Dina Hampton.
The Tribunal applied the three-part test from Smyth to determine whether to add the proposed respondents.
The Tribunal granted the request to add Alan Jackson, finding that the allegations of sexist comments could support a finding of sexual harassment for which the employer is not vicariously liable.
The Tribunal denied the request to add Rick Hampton, as the single allegation against him did not amount to harassment and the employer would be vicariously liable.
The Tribunal also denied the request to add Dina Hampton, as the alleged harassing conduct was not connected to a prohibited ground of discrimination.