Rebelo v. Atlantic Packaging Products, 2010 HRTO 244

Human Rights Tribunal of Ontario

B E T W E E N:

Celestino Rebelo Applicant

-and-

Atlantic Packaging Products Limited and Mike Barnett Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: February 2, 2010 Citation: 2010 HRTO 244 Indexed as: Rebelo v. Atlantic Packaging Products

1This Application was filed under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). This Interim Decision addresses a disputed request to amend the Application to add additional remedies.

2The complaint which underlies the current Application was filed with the Ontario Human Rights Commission (the "Commission") on February 7, 2007. In this complaint, the applicant sought $10,000 in special damages and $10,000 in general damages for mental anguish. He seeks to amend the requested remedy to increase the general damages to $20,000 and add $35,000 for breach of his right to be free from discrimination.

3The transitional provisions of the Code are intended to deal with the subject matter of complaints filed with the Commission prior to June 30, 2008. While the Transitional Rules contemplate that parties may make a request to amend the Application, the Code provisions prevail. Amendments which alter the subject matter of the original complaint will be denied.

4In this case, the applicant is not seeking to amend the subject matter of the Application, merely to alter the requested remedy. The Transitional Rules specifically contemplate that the parties will have an opportunity to file a statement of additional facts and a description of the remedy sought, after the application is filed. Thus, the Rules contemplate that a party may alter the remedy requested from that set out in the original complaint, and there is no need for a formal request to amend the application to do so.