January 23, 2025
If you are named as a respondent to a human rights complaint, in order to dispute the claim, you must file a reply and participate in the process. The complaint will not simply go away.
Despite this, some people imitate ostriches and stick their heads in the sand. This is never a good idea, as it will likely result in an order against you.
Even if the primary respondent is a corporation, it is common in Human Rights Tribunal of Ontario (HRTO) complaints to see individuals such as directors, officers, or ordinary workers, also named as respondents. These individuals may be liable for their own actions, or inaction.
Iskander v. 2363327 Ontario Incorporated is a recent example of what might happen.
In this case, Ms. Iskander complained that she was discriminated against because she was pregnant. Pregnancy can lead to a breach of the Hunan Rights Code protections against discrimination due to sex (gender) or family status.
Her employer was the numbered corporation, which operated a restaurant. It filed a response and then filed for bankruptcy.
Ms. Iskander then got permission to add the owner of the corporation as an additional respondent. He did not reply or attend the hearing.
The Tribunal heard Ms. Iskander’s evidence and determined that it was enough to justify an order. The Tribunal noted that were:
The respondents chose not to participate in the process and refused to comply with the Tribunal’s directions even when warned of the potential consequences of not participating, the Tribunal can only rely on the materials and evidence presented including the applicant’s testimony.
Furthermore:
The respondents were deemed to have accepted all of the allegations set out in the Application, deemed to have waived all rights to notice or participation in these proceedings, and the respondents are not entitled to further notice with respect to the Application.
And therefore:
Since the events described in the Application and in the applicant’s testimony, are consistent, I find that I must accept that the allegations as set out in the Application and the testimony reflects the events as they occurred.
Ms. Iskander was awarded $15,000.00 for monetary compensation for injury to her dignity, feelings and self-respect, as well as lost wages and EI benefits. The respondents were held jointly and severally liable. This means that Ms. Iskander can collect against the individual respondent in spite of the corporate bankruptcy.
The individual respondent may have been found liable even if he had replied, but failing to engage in the process guarantees a bad result.
WHAT WEILERS LLP CAN DO TO HELP YOU
We act for complainants and respondents in the human rights process. We will provide sound advice. Our knowledge, experience and awareness of the rules and procedures may save you from costly errors, such as happened in Iskander.
If you are involved in a situation that may lead to a human rights complaint in Ontario, give us a call. We may be the right lawyers for you.