Parodi v. Marvel Executive Group Inc. and another, 2025 BCHRT 91
Date Issued: April 16, 2025
File(s): CS-008702
Indexed as: Parodi v. Marvel Executive Group Inc. and another, 2025 BCHRT 91
IN THE MATTER OF THE HUMAN RIGHTS CODE,
RSBC 1996, c. 210 (as amended)
AND IN THE MATTER of a complaint before
the British Columbia Human Rights Tribunal
BETWEEN:
Maribel Parodi
COMPLAINANT
AND:
Marvel Executive Group Inc. and Rahim Fakhari
RESPONDENTS
REASONS FOR DECISION
TIMELINESS OF COMPLAINT
SECTION 22
Tribunal Member: Steven Adamson
Counsel for the Complainant: Alex Bayley
On behalf of the Respondents: Rahim Fakhari
I. INTRODUCTION
[1] On December 15, 2022, Maribel Parodi filed a complaint of discrimination in employment based on sex contrary to s. 13 of the Human Rights Code [ Code ], against the Marvel Executive Group Inc. [ Marvel ] and Rahim Fakhari.
[2] The Tribunal sought time limits submissions from the parties after concluding all or part of the Complaint may have been late filed.
[3] The issue before me with respect to timeliness is whether there is a continuing contravention or whether any late-filed allegations should proceed. I make no findings of fact regarding the merits of the Complaint.
[4] For the reasons that follow, I find that the Complaint is a continuing contravention of the Code .
II. BACKGROUND
[5] Below I set out Ms. Parodi’s allegations in some detail as I will later determine whether they are arguable contraventions capable of forming a continuing contravention of the Code .
[6] In July 2018, Ms. Parodi started working for Marvel as the executive assistant for its CEO, Rahim Fakhari.
[7] In July 2018, when Ms. Parodi first met Mr. Fakhari, she alleges that he leaned over during their initial handshake and whispered, “Should I divorce my wife?” [the Introduction Allegation ].
[8] From August to October 2018, Ms. Parodi alleges that Mr. Fakhari was away from the office on vacation.
[9] From January to June 2019, Ms. Parodi alleges that Mr. Fakhari was away from the office on another trip.
[10] In June 2019, Ms. Parodi alleges Mr. Fakhari suggested the two of them go to buy a new printer together. Because it was unnecessary for two people to perform this task, she took this as a clear indication that Mr. Fakhari was wanting to get her alone with him [the Printer Shopping Allegation #1 ].
[11] In August 2019, Ms. Parodi alleges Mr. Fakhari attended her office and attempted to engage in personal conversations. She alleges that he asked her how old she was and stated that she looked “way younger”. That same month, Ms. Parodi alleges that while she was attending Mr. Fakhari’s home to pick up mail and let in the pool cleaners, he came out and asked her to go and buy a printer together. Ms. Parodi alleges that she took this request as being a clear indication that Mr. Fakhari continued his desire to be alone with her [the Printer Shopping Allegation #2 ].
[12] Throughout August and September 2019, Ms. Parodi alleges Mr. Fakhari spoke to her in a “lewd or condescending tone”. She says he would call her various names from his office and speak in a “flirtatious and demeaning” tone. Ms. Parodi alleges Mr. Fakhari’s emotional state became increasingly varied and unpredictable during this period such that when he treated her well it was an indication that this was motivated by an inappropriate and unprofessional sexual interest [the Inappropriate Communications Allegations ].
[13] From September 25 to October 10, 2019, Ms. Parodi alleges Mr. Fakhari was away on vacation.
[14] In March 2020, Ms. Parodi alleges Mr. Fakhari yelled at her for having issues with her computer. She alleges he said “You are the problem! It is your fault that there are issues with the computer!”. Ms. Parodi alleges that Mr. Fakhari conversed with the computer technician in a middle eastern language, and it appeared that they were laughing at her. After this happened, she says Mr. Fakhari yelled at her “Get out, get out of here, I don’t want to see you now!” [the Computer Incompetence Allegation ].
[15] In August 2020, Ms. Parodi alleges that Mr. Fakhari called her incessantly while she was on vacation to ask the whereabouts of his car keys. Ms. Parodi found this “invasive, unnecessary and inappropriate”. She alleges this was an excuse to contact her while she was away from work because he had already been given this information numerous times. When Ms. Parodi returned to work, she alleges Mr. Fakhari repeatedly exclaimed that she was the best assistant he had ever had, such that it made her feel uncomfortable [the Lost Keys Allegation ].
[16] On September 4, 2020, Ms. Parodi alleges Mr. Fakhari sent her an inappropriate video joke involving prostitution. That same day he spoke to her about a previous assistant who wore tiny miniskirts, and how he was “dying for her”. She says his tone was “revolting” and this made her afraid of him [the Inappropriate Video Allegation ].
[17] On September 8, 2020, Ms. Parodi alleges Mr. Fakhari sent a picture of him standing in front of his Ferrari in keeping with his attempts to go shopping with her. She says that she took this as another incident where Mr. Fakhari was attempting to be alone with her [ Printer Shopping Allegation #3 ].
[18] From September 8, 2020, onwards, Ms. Parodi alleges Mr. Fakhari began to make direct inappropriate comments about her appearance and “beautiful hair”.
[19] On September 28, 2020, Ms. Parodi alleges Mr. Fakhari messaged her regarding a simple task outside of work hours. He told her that she was “the best ever assistant in North Vancouver”. Ms. Parodi says she perceived this as an attempt to contact her outside of work and compliment her [the Simple Task Allegation ].
[20] In October 2020, Ms. Parodi alleges Mr. Fakhari arrived at work at the end of the workday and called her into his office and close the door. She alleges he then told her to “sit here, closer to me”, which she did not do. Ms. Parodi alleges Mr. Fakhari then stood up and proceeded to put both of his hands on her shoulders and began rubbing them. She alleges he then said “Can you give me a massage like this? My back is hurting”. Ms. Parodi alleges she refused to give Mr. Fakhari a massage and walked out of his office [the Massage Allegation ]. That same day, Ms. Parodi alleges Mr. Fakhari demanded that she and another female employee pose for a picture in front of his car [the Car Photo Allegation #1 ].
[21] On March 4, 2021, Ms. Parodi alleges Mr. Fakhari asked her and another employee to pose for a photo in front of his car. She alleges that she felt these pictures were being taken for Ms. Parodi’s personal reasons [the Car Photo Allegation #2 ].
[22] In April 2021, Ms. Parodi alleges Mr. Fakhari continued to talk about inappropriate sexual topics in the workplace. She claims that he told her about working late with a gorgeous woman in Iran and claimed that “If I wasn’t married, something would have happened”. Ms. Parodi says that she felt Mr. Fakhari was obsessed with becoming sexually involved with female co-workers [the Working Late Allegation ]. Around the same time, Ms. Parodi alleges Mr. Fakhari asked her about her weekend plans and if she was doing “Boring things that Canadian guys do”. She says that she took this as Mr. Fakhari belittling her husband, who is Canadian [ Boring Canadian Men Allegation ].
[23] In June 2021, Ms. Parodi alleges Mr. Fakhari gave her a note that said “Do not involve my wife in conversation. Do not call her. Do not ask her anything.” She says this note made her feel more uncomfortable in the workplace, as she understood this to mean that either Mr. Fakhari was hiding his wife from her, or vice versa. Around the same time, Ms. Parodi alleges Mr. Fakhari’s behaviour and harassment towards her became increasingly hostile. She perceived this as stemming from her lack of acceptance of his “sexual advances, innuendos, or inappropriate behaviour” [the Don’t Contact My Wife Allegation ].
[24] On June 27, 2021, Ms. Parodi alleges Mr. Fakhari was frustrated with her about her car troubles.
[25] In July 2021, Ms. Parodi alleges Mr. Fakhari “verbally accosted” her about parking in a public spot at work. She alleges he then said, “Next time I see your car parked there, I will burn it, and I will start with the tires.” Ms. Parodi claims Mr. Fakhari’s level of anger and tone used was very disturbing. Following this incident Ms. Parodi alleges that Mr. Fakhari parked across two spots and on the sidewalk, which she perceived as a mocking display of her previous parking in the public spot. Ms. Parodi alleges that she found this “deeply humiliating” and “very disturbing” [the Parking Allegation ]. Around this time, Ms. Parodi alleges Mr. Fakhari continued to “humiliate and embarrass” her in front of other people. For example, on one occasion he got angry with her for not making tea properly [the Tea Making Allegation ].
[26] Following the Tea Making Allegation, Ms. Parodi alleges Mr. Fakhari treated her very rudely and as if she was his “servant”. She says such behaviour put “unnecessary stress and pressure” on her and another employee. Further, Ms. Parodi alleges that Mr. Fakhari continued to make sexual comments, including, “in Iran, men can have many women”. She says that she believes Mr. Fakhari was attempting to normalize his “advances” and it was clear to her that he was “obsessed” with becoming “sexually involved with other women” and his frustrations with her “avoidance and refusal” were exhibited with his “outbursts of anger and mistreatment” [the Iranian Men Allegation ].
[27] From August 9 to 13, 2021, Ms. Parodi alleges that she took time off to be away from the “toxic work environment” where she felt “trapped”.
[28] In September 2021, Ms. Parodi alleges Mr. Fakhari made a comment about him not being “as dirty as you think” when she was organizing his dry cleaning [the Not Dirty Allegation ].
[29] On December 21, 2021, Ms. Parodi alleges Marvel terminated her employment without providing any reasons and asked her to leave immediately. She alleges her “refusal of Mr. Fakhari’s sexual advances” had finally resulted in her termination [the Termination Allegation ].
III. ANALYSIS AND DECISION
[30] The time limit set out in s. 22 of the Code is a substantive provision which is intended to ensure that complainants pursue their human rights remedies diligently: Chartier v. School District No. 62 , 2003 BCHRT 39.
[31] The Complaint was filed on December 15, 2022. To comply with the one-year time limit under s. 22(1) of the Code , the alleged act of discrimination had to occur on or after December 15, 2021.
[32] A complaint is filed in time if the last allegation of discrimination happened within one year, and older allegations are part of a “continuing contravention”: Code , s. 22(2); School District v. Parent obo the Child , 2018 BCCA 136 at para. 68. A continuing contravention is “a succession or repetition of separate acts of discrimination of the same character” that could be considered separate contraventions of the Code , and “not merely one act of discrimination which may have continuing effects or consequences”: Chen v. Surrey (City), 2015 BCCA 57 at para. 23; School District at para. 50.
A. Timely Allegation
[33] The Respondents argue there are no timely allegations of discrimination in this case as the only allegation that is timely was Ms. Parodi’s termination on December 21, 2021. In their view, there is no evidence, apart from mere speculation that Ms. Parodi’s termination was for reasons related to her sex.
[34] After reviewing the Complaint evidence, I am satisfied that timely termination allegation on December 21, 2021, contains an allegation of discrimination: Moore v. British Columbia (Education) [ Moore ], 2012 SCC 61 at para 33. Ms. Parodi has shown that, if proven, she can establish that her sex was a factor in being fired from her executive assistant position with the Respondents. In reaching this conclusion, I disagree with the Respondents that it is speculative to relate the termination to Ms. Parodi’s sex. In this case, the assessment of whether the necessary link has been alleged must occur in the context of Ms. Parodi being let go without reasons along with her numerous allegations of sexual harassment by Mr. Fakhari over the course of her employment. Taken as a whole, I accept that Ms. Parodi’s numerous prior allegations of overt sexual harassment, along with numerous bullying and harassment allegations resulting from her spurning Mr. Fakhari’s advances, take the termination related to her sex out of the realm of speculation. In this context, I accept that she has provided the necessary information to form an arguable contravention of the Code pertaining to her termination at the end of 2021.
B. Older Allegations Arguable Contraventions
[35] I have next considered whether Ms. Parodi has alleged further arguable contraventions of the Code for the period prior to one-year timeframe for filing.
[36] From my review of the Complaint evidence, the earliest allegation that is an arguable contravention of the Code is the July 2018 Introduction Allegation. Here, while Ms. Parodi was at work meeting her boss for the first time, she alleges that he leaned over to her and whispered, “Should I divorce my wife?”. I accept that such a statement amounted to unwelcome conduct of a sexual nature that detrimentally affected the work environment or led to adverse job-related consequences for Ms. Parodi as a victim of harassment: Dutton v. British Columbia (Human Rights Tribunal) , 2001 BCSC 1256 at para. 68. As such, I find an allegation of harm related to sex at work exists with respect to the Introduction Allegation.
[37] I now turn to some of the 2019 and 2020 allegations to determine whether they are arguable contraventions of the Code . The conduct and related harms alleged are set out as follows:
· June and August 2019, and September 8, 2020, Printer Shopping Allegations all involve alleged attempts by Mr. Fakhari to get Ms. Parodi alone for reasons related to an inappropriate and unprofessional sexual interest in her.
· August to September 2019 Inappropriate Communications Allegations involve Mr. Fakhari asking Ms. Parodi her age and telling her she looked “way younger”, speaking to her in a lewd and condescending manner sometimes and other times speaking to her in a flirtatious and demeaning tone. Again, Ms. Parodi alleges conduct related to his superior’s inappropriate and unprofessional sexual interest in her.
· March 2020 Computer Incompetence Allegation involves Mr. Fakhari yelling at Ms. Parodi and laughing at her because of a computer problem for reasons related to her refusing his sexual advances. Ms. Parodi alleges that Mr. Fakhari created a toxic, unsafe, stressful, humiliating, and disturbing workplace environment when she failed to respond in the way he hoped she would.
· August 2020 Lost Keys Allegation involves Mr. Fakhari finding an excuse to contact Ms. Parodi outside of working hours, which she found to be invasive, unnecessary and inappropriate.
· September 2020 Inappropriate Video Allegation involves Mr. Fakhari’s inappropriate communications of a sexual nature with Ms. Parodi.
· September 18, 2020, Simple Task Allegation involves Mr. Fakhari finding an excuse to contact Ms. Parodi and pay her compliments outside working hours.
· October 2020 Car Photo Allegation #1 involves Mr. Fakhari taking a picture of Ms. Parodi for personal reasons of a sexual nature.
In my view, all the above noted behaviour by Mr. Fakhari at work contains the necessary information to form allegations of discrimination in employment based on sex. These allegations all concern unwelcome conduct of a sexual nature detrimentally affected the work environment or led to adverse job-related consequences for Ms. Parodi when she refused Mr. Fakhari’s advances.
[38] There is no doubt that the October 2020 Massage Allegation is an arguable contravention of the Code . This allegation involves unwanted sexual touching by Mr. Fakhari when he put both of his hands on Ms. Parodi’s shoulders and began rubbing them. The allegation further includes Mr. Fakhari asking Ms. Parodi to massage him.
[39] I have next considered whether the allegations from March to September 2021 are arguable contraventions of the Code . The conduct and related harms alleged are set out as follows:
· March 4, 2021, Car Photo Allegation #2 involves Mr. Fakhari again contriving to take a photo of Ms. Parodi for personal reasons of a sexual nature.
· April 2021 Working Late Allegation involves Mr. Fakhari sharing his sexual fantasies about becoming sexually involved with female co-workers with Ms. Parodi.
· April 2021 Boring Canadian Men Allegation involves Mr. Fakhari belittling Ms. Parodi’s husband as being boring for reasons related to promoting a sexual relationship with her.
· June 2021 Don’t Contact Wife Allegation involves a message about Mr. Fakhari either hiding his wife from Ms. Parodi or vice versa. Whatever his intention, Ms. Parodi felt it was related to his inappropriate sexual advances and made the workplace more uncomfortable for her.
· July 2021 Parking Spot and Tea Making Allegations involve Mr. Fakhari humiliating Ms. Parodi for reasons related to her not responding to his sexual advances.
· July 2021 Iranian Men Allegation involves Mr. Fakhari’s attempt to normalize his advances towards Ms. Parodi and was perceived by her as an indication of his obsession with becoming sexually involved with her as well as a sign of his frustration with her failing to comply.
· September 2021 Not Dirty Allegation involves Mr. Fakhari making an unwelcome sexual comment to Ms. Parodi.
In my view, all the above noted allegations contain the necessary information to form allegations of discrimination in employment based on sex. These allegations all contain unwelcome conduct of a sexual nature detrimentally affecting the work environment or adverse job-related consequences for Ms. Parodi when she refused Mr. Fakhari’s advances.
C. Allegations of a Similar Character in Succession
[40] Having found multiple arguable contraventions of the Code , that are both timely and out of time, it is necessary to next consider whether the late-filed allegations form part of a continuing contravention.
[41] I first considered whether the allegations are of a similar character for the purposes of determining the existence of a continuing contravention of the Code . The Respondents argue that there is a significant disjunction in the substance of Ms. Parodi’s allegations. In their view, the allegations amount to a compilation of instances in which she perceived Mr. Fakhari to have made inappropriate jokes or comments that concerned women, he was rude to her, and she speculates that her employment was terminated due, in part, to her sex. The Respondents highlight the Lost Keys Allegation, Simple Task Allegation, Computer Incompetence Allegation, Parking Spot Allegation and Boring Canadian Men Allegation as all being different in character from allegations of sexual harassment.
[42] Ms. Parodi argues that the Respondents’ characterization of her allegations not being similar fails to recognize that sexual discrimination and harassment can manifest itself in many different forms and is highly dependent on context. It can be overt or subtle. I can be physical, verbal, or even a simple or seemingly innocent gesture. She submits that even something that might otherwise seem innocuous to a bystander could very well be discriminatory when viewed through the eyes of the person who is subject to ongoing sexual overtures, particularly where there is a power imbalance like hers with Mr. Fakhari. Ms. Parodi further submits that Mr. Fakhari’s various outbursts and bullying were largely driven by his frustration over her being unreceptive to his unwanted advances.
[43] After reviewing Ms. Parodi’s allegations I conclude that they are all similar in nature for the purposes of identifying a continuing contravention of the Code . In reaching this conclusion I agree with her that the substance of all her allegations is related to some extent to Mr. Fakhari’s inappropriate sexual advances in the workplace where he was her boss. Some of the allegations involve overt sexual harassment, such as the Massage Allegation, while others involve inappropriate attention, such as the Lost Keys Allegation, are more subtle forms of sexual harassment. Finally, I agree with Ms. Parodi that Mr. Fakhari’s rude behaviour, such as the Parking Allegation, are of a similar nature where it is alleged that the negative treatment flowed from Mr. Fakhari’s frustration with her failure to accept his sexual overtures. In these circumstances, I am satisfied that all of Ms. Parodi’s allegations are of a similar nature to form part of a continuing contravention.
[44] I have next considered the existence of gaps between allegations. I have determined that there are no significant gaps for the purposes of s. 22(2) of the Code in this case. I appreciate there is a large gap of almost one year between the July 2018 Introduction Allegation and the June 2019 Printer Shopping Allegation #1. However, I am satisfied that this gap is explainable because Mr. Fakhari was absent from the workplace for most of this period such that further allegations could not have arisen.
[45] I also note the presence of three further distinct gaps of approximately five to six months in length. The first such gap is between the September 2019 Inappropriate Communications Allegations and the March 2020 Computer Incompetence Allegation, the second is between the same Computer Incompetence Allegation and the August 2020 Lost Keys Allegation. The third approximately half year gap occurred between the October 2020 Car Photo Allegation #1 and the March 4, 2021, Car Photo Allegation #2.
[46] The Respondents argue these gaps, without explanation are too large to form the type of succession required for a continuing contravention. They point to several Tribunal cases where such gaps proved fatal to finding s. 22(2) of the Code applied.
[47] Ms. Parodi argues her case involves over 20 specific sexual harassment allegations which had the snowballed effect of creating a hostile and toxic work environment. In her view, any perceived gaps should not be considered too significant where she has explained some of the gaps and there was ongoing continuous behaviour even during such gaps. Ms. Parodi further argues that her case should not be subject to strict rules around the number of months between allegations because she is alleging a thematic relationship between the incidents from the moment that she met Mr. Fakhari in mid 2018 until she was fired in December 2021.
[48] I agree with Ms. Parodi that a strict application of assessing the significance of the gaps in this case concerning the three approximately half year periods not appropriate. Here, there was a definite ongoing theme over Ms. Parodi’s entire period of employment where Mr. Fakhari allegedly made unwanted sexual advances towards his subordinate at work along with him bullying and harassing her when she did not reciprocate. In my view, the strength of that theme, including allegations of an ongoing toxic work environment stemming from sexual harassment, makes the three half year gaps in this case not significant for the purpose of finding a continuing contravention of the Code .
[49] Overall, I am satisfied that Ms. Parodi’s allegations from the July 2018 to September 2021 are of a similar nature in succession to the timely December 2021 termination allegation. As such, the Complaint is a timely continuing contravention of the Code and it is, therefore, unnecessary for me to determine whether it is in the public interest to allow any late filed allegations to proceed.
V CONCLUSION
[50] For these reasons, the complaint is accepted for filing as a continuing contravention of the Code .
Steven Adamson
Tribunal Member