Ana Fahmy v. York Disposal Service Ltd., Lucy Russo and Robert Gill, 2009 HRTO 569

1The applicant has filed a Request for Order During Proceedings to amend the remedy sought in her Application to include ongoing wage losses, as well as severance and termination pay and compensation for lost pension and health care benefits. The respondents have not filed any submissions in response. Leave to amend the Application as requested is therefore granted. The granting of the applicant’s Request is not a reflection on whether the requested remedy is likely to be granted by the Tribunal; only that the applicant is entitled to seek such amended remedy at the hearing of this matter.

2The Tribunal has received witness lists from both parties as required by Rule 17 of the Tribunal’s Rules of Procedure. In accordance with Rule 16, the applicant has also filed with the Tribunal the documents upon which she intends to rely. The respondents have not filed any documents with the Tribunal, although the Response does list a number of important documents which are in the respondents’ possession. It may be that the respondents do not have any documents, other than those filed by the applicant, upon which they wish to rely. However, the Tribunal reminds the parties that, in accordance with Rule 16, any documents upon which they wish to rely must be delivered to the other parties and filed with the Tribunal, together with a list of documents, not later than 45 days prior to the hearing. If either party has any documents upon which they wish to rely, they are directed to deliver them to the other party(ies) and file them with the Tribunal.