Tribunal allows amendment to add creed but excludes expert witness on racism and Islamophobia.
In an interim decision regarding a human rights complaint alleging discrimination and harassment based on ethnic origin, the Tribunal addressed case management issues, an amendment to the complaint, and the admissibility of an expert witness.
The Tribunal granted the applicant's request to amend the complaint to add the ground of creed, finding no prejudice to the respondents.
However, the Tribunal excluded the Commission's proposed expert witness on racism and Islamophobia, applying the Mohan criteria.
The Tribunal found the proposed evidence was within the adjudicator's knowledge and that the expert had improperly formed conclusions on the ultimate issues to be decided.
Yousufi v. Toronto Police Services Board, 2009 HRTO 20
