What is the threshold for adding a party to a preliminary proceeding?
Ontario, Canada
The following excerpt is from Spasuk v. Lokert Limited, 2017 HRTO 124 (CanLII):
With respect to the first question, the threshold for adding a party at a preliminary stage of the proceeding is a low one; the party making the request merely needs to show an appearance or semblance of a violation by the proposed respondent of the applicant’s rights under the Code. On the other hand, although the threshold is low, on the face of the record, there must be a higher standard than mere puffery or frivolous allegations. This must be so, not only to protect a proposed respondent, but also to demonstrate fairness. See Marchese v. Fortinos, 2009 HRTO 25 (CanLII), at para. 12.
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