Lawrence Bay v. Lowerys Basics and Terry Law, 2010 HRTO 1941

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lawrence Bay

Applicant

-and-

Lowerys Basics and Terry Law

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: September 23, 2010 Citation: 2010 HRTO 1941 Indexed as: Bay v. Lowerys Basics

1This Interim Decision deals with the applicant’s Request for Order During Proceedings (Form 10) asking to amend his Application to add further particulars, request ongoing monetary relief and request a protocol for answering job references by phone. His Application, filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleges that the respondent discriminated against him in employment on the basis of age.

2The applicant filed a handwritten Application with the Tribunal on June 21, 2010 and a subsequent typewritten Application on July 7, 2010. He directed the Tribunal to serve his handwritten Application on the respondents, but, shortly after it was served, decided that it should contain the more comprehensive responses to questions 8, 10 and A34 found in his typewritten version.

3The applicant filed his request to amend shortly after the Application was served on the respondents, and prior to them filing their Response. The respondents have not filed a Response to the Request for Order (Form 11) or otherwise indicated that they oppose the applicant’s Request to amend.

4In light of the minor nature of the amendments, the earliness of the request and the apparent absence of prejudice to the respondents, it would be appropriate to grant the applicant’s request to amend. Accordingly, this Application is amended to include the amended responses to questions 8, 10 and A34 as set out in the Request for Order.

5I am not seized of this matter.