Bilac v. N/C Tractor Services Inc., Arthur Currie and Shona Abby

Bilac v. N/C Tractor Services Inc., Arthur Currie and Shona Abby

The Tribunal exercised its discretion to waive service of the Commission's motion on Respondents Currie and N/C Tractor because those Respondents deliberately evaded service by failing to provide contact information and refusing to participate; the Tribunal further joined the three interconnected complaints into a single inquiry because doing so serves the public interest, avoids multiplicity and prejudice, and promotes expeditious, fair proceedings.

Citation
2021 CHRT 4
Parties
Complainant: Denny Bilac; Commission: Canadian Human Rights Commission; Respondent: N/C Tractor Services Inc.; Respondent: Arthur Currie; Respondent: Shona Abby
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
3 February 2021
Procedural Posture
Canadian Human Rights Act Inquiry / Interim Ruling on Motion to Join Complaints and Service Dispensation
Outcome
Motion granted in part: requirement for service on Currie and N/C Tractor waived; three complaints joined into single inquiry
Legal Topics
Gender Identity or Expression, Joinder of Proceedings, Service of Process, Procedural Fairness
Source Language
English
Human Rights Law Administrative Law Procedural Law Gender Identity or Expression Joinder of Proceedings Service of Process Procedural Fairness

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Parties

Denny Bilac

Complainant

Canadian Human Rights Commission

Commission

N/C Tractor Services Inc.

Respondent

Arthur Currie

Respondent

Shona Abby

Respondent

Procedural Posture

Canadian Human Rights Act Inquiry / Interim Ruling on Motion to Join Complaints and Service Dispensation

Legal Issues

  1. 1 Whether three complaints should be joined into a single inquiry
  2. 2 Whether requirement to serve the motion on Respondents Currie and N/C Tractor should be waived due to evasion of service
  3. 3 Whether Respondents have waived ongoing rights to participate by failing to provide contact information

Ratio Decidendi

The Tribunal exercised its discretion to waive service of the Commission's motion on Respondents Currie and N/C Tractor because those Respondents deliberately evaded service by failing to provide contact information and refusing to participate; the Tribunal further joined the three interconnected complaints into a single inquiry because doing so serves the public interest, avoids multiplicity and prejudice, and promotes expeditious, fair proceedings.

Court Disposition

Motion granted in part: requirement for service on Currie and N/C Tractor waived; three complaints joined into single inquiry

Orders

  • Requirement for service of this Motion upon the Respondents Arthur Currie and N/C Tractor Services Inc. is waived
  • The three complaints of Denny Bilac against N/C Tractor Services Inc., Arthur Currie and Shona Abby are joined to be heard in a single inquiry