Farzad Sadrian v. Havergal College and Paul Shuebrook, 2009 HRTO 2197

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Farzad Sadrian

Applicant

-and-

Havergal College and Paul Shuebrook

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: December 17, 2009

Citation: 2009 HRTO 2197

Indexed as: Sadrian v. Havergal College

1This is an Application filed on July 19, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2The Application as filed alleges discrimination in employment on grounds of race, colour, ancestry, place of origin and ethnic origin, in the applicant’s interactions with other staff at his workplace.

3The applicant has since filed a Request for an Order During Proceedings (RFOP), in which he seeks to amend his Application to include additional allegations, most importantly with respect to his termination from employment on September 16, 2009. Although on the RFOP form the applicant also checked off a box indicating that he seeks a consolidation of applications, there is only one Application and the Tribunal understands the applicant’s intends simply to have the new allegations incorporated into his existing Application.

4Attached to the RFOP is a statement setting out the matters the applicant wishes to add to his Application.

5The Respondents filed a Response to the Request. They object to the deficiencies in the material filed by the applicant and in the alternative, do not object to an amendment to the Application to include issues about the termination of employment, provided they may file an amended Response.

6Having regard to the material before it, the Tribunal grants the Request to amend the Application. The respondents may file an amended Response within 35 days of the date of this Interim Decision.

7As the parties have consented to mediation of the Application, the Tribunal will schedule mediation.

8I am not seized of this matter.