Althea Chambers v. Irene Nikolaidis, 2010 HRTO 1593

Human Rights Tribunal of Ontario

B E T W E E N:

Althea Chambers

Applicant

-and-

Irene Nikolaidis

Respondent

interiM DECISION

Adjudicator: Kathleen Martin

Date: July 22, 2010

Citation: 2010 HRTO 1593

Indexed as: Chambers v. Nikolaidis

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”), on July 27, 2009. The applicant alleges discrimination in housing on the basis of race, colour and receipt of public assistance. A Response was filed on and the matter proceeded to mediation on June 2, 2010. The Application did not settle and is currently in the process of being scheduled for hearing.

2The applicant filed a Request for Order During Proceedings (“RFOP”) on June 11, 2010 to amend her Application. The applicant seeks to amend her Application to include the additional grounds of family status and marital status and increase the amount of monetary compensation requested to $15,000.00. In support of her Request, the applicant relies on statements made in the Response, which appear to suggest that the respondent was concerned that a man was also living in the basement and that the applicant had two daughters (as opposed to one); facts which the applicant suggests could lead to a finding of discrimination based on marital status and/or family status. Further, the applicant relies on additional circumstances that occurred after she filed the Application which resulted in her having to move out of the premises on September 5, 2009.

3The Request was served on the respondent, but no Response has been filed and the time for responding has elapsed.

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. Having regard to all of the circumstances including the early stage of this proceeding and the absence of any objection from the respondent, I see no reason why the applicant cannot amend the Application, as described in the RFOP. The respondent may want to file an amended Response, if desired, within 10 days from the date it receives the amended Application.

5I am not seized of this matter.