Amendment to add disability ground granted; race claims dismissed but age and disability claims proceed.
The applicant filed a human rights application alleging discrimination in employment on the basis of race, ethnic origin, and age.
She subsequently requested to amend her application to add the ground of disability, based on allegations already pleaded regarding health-related absences and comments by her supervisor.
The Tribunal granted the amendment, finding no prejudice to the respondent.
At a summary hearing to determine if the application had no reasonable prospect of success, the Tribunal allowed the age and disability claims to proceed, finding a sufficient nexus between the supervisor's alleged comments and the applicant's termination.
However, the Tribunal dismissed the claims based on race and ethnic origin, finding no evidence to connect the applicant's treatment to those grounds.
Russell v. Forever Living Products Canada, Inc., 2014 HRTO 434