Sarah-Ann Meecham v. 1216575 Ontario Inc. o/s William’s Coffee Pub and Paul Oldford, 2010 HRTO 2278

Human Rights Tribunal of Ontario

B E T W E E N:

Sarah-Ann Meecham Applicant

-and-

1216575 Ontario Inc. o/s William’s Coffee Pub and Paul Oldford Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: November 17, 2010 Citation: 2010 HRTO 2278 Indexed as: Meecham v. 1216575 Ontario

Introduction

1This is an Application filed September 25, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant alleges that the respondents discriminated against her on the ground of sex (pregnancy) with respect to employment because they terminated her employment when she informed them that she was pregnant and asked for reduced hours pursuant to her doctor’s recommendation. A hearing is scheduled for November 24, 2010.

2On October 29, 2010, the applicant filed a Request for Order During Proceedings to amend the Application to add the ground of disability. Her reason supporting her Request is that the accommodation requested during her pregnancy could also be characterized as accommodation required because she was temporarily disabled.

3The respondents confirmed with Tribunal staff that they received the Request, but they have not filed a response to it.

Decision on Applicant’s Request to Amend

4The Tribunal has permitted amendments to applications made under section 34, taking into account fairness, the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice (see Dube v. Canadian Career College, 2008 HRTO 336, Wozeilek v. 7-Eleven Canada, 2009 HRTO 926, and Dunford v. Holiday Ford Sales, 2009 HRTO 1563).

5While the hearing is close at hand, the applicant is basing the facts of her allegation of discrimination because of disability on the facts as alleged in the Application. The Response refers to the applicant’s health issues and to her request for reduced hours. The parties’ summaries of what their witnesses will say also make reference to what appears to be the applicant’s health problems affecting her ability to do her work while employed by the respondents. Without submissions from the respondents as to how the amendment might cause prejudice or be unfair, I see no indication that it will. I therefore exercise my discretion to grant the Request to amend the Application to add the ground of disability.