Lisa Marino v. Compuware Corporation of Canada, 2011 HRTO 1390

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lisa Marino

Applicant

-and-

Compuware Corporation of Canada

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: July 25, 2011

Citation: 2011 HRTO 1390

Indexed as: Marino v. Compuware Corporation of Canada

1The applicant filed an Application under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on July 16, 2010 alleging discrimination with respect to employment on the basis of sex.

2The respondent filed a Response on September 10, 2010.

3On June 27, 2011, following a mediation between the parties, the applicant filed a Request for Order During Proceedings (“Request”) seeking to amend the Application. The applicant requests that the Application be amended with respect to the remedial claim. The Request indicated that the respondent was aware of the applicant’s intention to request to amend the Application and that the respondent, although not consenting, does not object to the Request.

DECISION

4Rule 1.7(c) of the Tribunal’s Rules of Procedure state that in order to provide for a fair, just and expedition resolution of any matter before it the Tribunal may “allow any filing to be amended.”

5Given the nature of the proposed amendments, I am satisfied that the Application may be amended with respect to the remedial claim. The proposed remedial amendment is simply a request to clarify and augment the damages claim to reflect the alleged loss of income, loss of employment insurance benefits, compensation for reinstatement and to include a claim for general damages. This amendment is made without any determination by the Tribunal as to the merits of the allegations or the appropriateness of the remedies sought, and without prejudice to any position the respondent may wish to take regarding these issues.

6In conclusion, I order the following:

1. The Application be amended with respect to the remedial claim as per the applicant’s Request for Order During Proceedings;

2. The respondent may file with the Tribunal, and copied to the applicant, an amended Response within 35 days of the date of this Interim Decision with respect to the issue of remedies; and

3. The applicant may file with the Tribunal, and copied to the respondent, a Reply to the respondent’s amended Response within 14 days of receipt of the amended Response.

7I am not seized.