Tim Hortons will have to answer for alleged human rights abuses at its Dawson Creek franchises, the B.C. Human Rights Tribunal ruled Nov. 6.

It's the latest in the complaint of four former temporary foreign workers who claim they were discriminated against based on their race while working at the two local fast food franchises in 2012.

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Tim Hortons had applied to have the complaint against the company dismissed, saying it had no role in any discrimination that may have occurred under former franchise owner Tony Van Den Bosch, who was also the workers' landlord.

In a Nov. 6 decision, the tribunal cleared the way for a hearing on the complaint against Tim Hortons.

"The company was essentially arguing it wasn't a proper party to the complaint, and that (the workers') employment and tenancy relationships were with Mr. Van Den Bosch," said Erin Pritchard, a lawyer with the BC Public Interest Advocacy Centre, which is representing the workers. "Our argument was that there was in fact a relationship (between the workers and Tim Hortons.)"

The workers have since returned to Mexico, while the Dawson Creek franchises have changed ownership.

The tribunal dismissed the complaint against the company as it relates to housing, but ruled against the application to dismiss on other grounds. The complaint will move forward against Van Den Bosch and TDL Group, the company that oversees Tim Hortons franchises in Canada.

Edxon Gonzalez Chein, Eric Dessens, Rodolfo Duran Lara and Ruben Omar Varela Ramirez allege they were subject to "racist and derogatory comments about their nationality" at work and were "forced to live in substandard accommodations owned by Mr. Van Den Bosch" where they had little privacy.

Van Den Bosch rented housing to the workers as part of a requirement that franchisees "assist foreign workers with finding suitable and affordable accommodation" in Canada.

The workers argue that Tim Hortons' use of the temporary foreign worker program created a climate of discrimination.

"By building the temporary foreign worker program (TFWP) into its business model for franchises and encouraging franchisees to use the program, (Tim Hortons) has created an environment that is highly likely to be toxic for foreign workers," the complainants argue.

In submissions to the tribunal, the complainants say the company brought in 14,000 temporary foreign workers since 2007 and promotes the program at job fairs in Mexico.

Tim Hortons argued it did not require franchises to use the program, and that it did not directly employ the workers.

The allegations have not been proven in court. Van Den Bosch could not be reached for comment, but has denied the allegations in past interviews.

A date for a hearing has not been set.

reporter@dcdn.ca