Steel v. Centennial College, 2009 HRTO 1747

Human Rights Tribunal of Ontario

B E T W E E N:

Zack Steel Applicant

-and-

Centennial College Respondent

INTERIM DECISION

Adjudicator: Alison Renton Date: October 22, 2009 Citation: 2009 HRTO 1747 Indexed as: Steel v. Centennial College

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”), on June 5, 2009. The applicant alleges discrimination on the basis of ancestry and creed in goods, services and facilities. The respondent filed a Response on July 29, 2009.

2The applicant filed a Request for Order During Proceedings (“RFOP”) on September 30, 2009 to amend his Application. He seeks to amend his Application by elaborating upon the public interest remedies he is seeking and to include the ground of reprisal. He is seeking these amendments based upon further legal advice that he obtained.

3The respondent filed a Response to a Request for an Order on October 13, 2009. The respondent does not object to the applicant’s request to amend his Application, but submits that it should have an opportunity to file an amended Response. The respondent also submits that it will need particulars of the reprisal allegations, particularly in relation to his allegation that a professor was “guilty” of reprisal, the source of his education funding being known to specific individuals, and the applicant’s allegation that his complaints were not being properly accommodated.

4The Tribunal has permitted amendments to applications made under section 34, taking into account the stage at which the request is made, the nature of the amendment and the absence of any prejudice (see Dube v. Canadian Career College, 2008 HRTO 336). I see no reason why the applicant cannot amend his pleadings, as described in his RFOP. While there is no hearing date set, the matter has been scheduled for mediation on November 3, 2009. If the matter is not resolved at the mediation, the applicant can amend his Application by November 10, 2009, ensuring that he sets out in detail his allegations pertaining to reprisal. If the respondent wants to file an amended Response, it shall have 10 days from the date it receives the amended Application.

5I am not seized of this matter.