Gerald Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 92

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerald Forrest

Applicant

-and-

Ontario Lottery and Gaming Corporation

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: January 27, 2009

Citation: 2009 HRTO 92

Indexed as: Forrest v. Ontario Lottery and Gaming Corporation

1This is an Application filed under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on September 19, 2008.

2The applicant had sought to amend his Application by adding a new ground of discrimination. The Tribunal set a timetable for delivery and filing of submissions on the request. After receiving and considering the applicant’s request and the respondents’ submissions, the Tribunal refused the request to amend. (see Interim Decision 2009 HRTO 47 dated January 14, 2009)

3On January 16, 2009, the date set for delivery of any reply submissions on the request to amend, the applicant filed his reply submissions. He asked that they be considered on the request to amend or, in the alternative, be considered as a request for reconsideration of the Interim Decision.

4On January 19, 2009 the respondents wrote requesting an opportunity to make submissions with respect to a number of issues raised in the applicant’s reply submissions.

5I have considered the applicant’s reply submissions. The Code requires that applications brought pursuant to section 53(3) must be based on the subject-matter of the complaint filed with the Commission. Nothing raised in the reply submissions supports a different conclusion or would change the result reached in the earlier Interim Decision. Accordingly, there is no need to consider the issues raised by the respondents.