Penny Brown v. Peterborough County - City Health Unit, 2011 HRTO 1568

Human Rights Tribunal of Ontario

B E T W E E N:

Penny Brown Applicant

-and-

Peterborough County - City Health Unit Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: August 23, 2011 Citation: 2011 HRTO 1568 Indexed As: Brown v. Peterborough County - City Health Unit

1This is an Application filed May 4, 2010, under section 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the "Code"). The Application alleges discrimination in employment on the basis of age. The applicant believes she was unsuccessful in a job competition because of her age.

2The respondent filed a Request for an Order during Proceedings dated June 2, 2011, amended on July 14, 2011, requesting permission to amend its response. Most of the amendments are fairly minor in nature. One amendment is grammatical and another clarifies the title of the person to whom the applicant would support if she had been successful in the job competition. The only amendment that is substantive deals with the inclusion of prior jobs that the applicant applied for, but was unsuccessful.

3The applicant did not oppose the amendments and it does not appear that the amendments alter the respondent's position in any way. The respondent's Request to amend the Response is therefore granted.

4The applicant may file a Reply to the amended Response within 10 days of the date of this Interim Decision. In this regard, the Tribunal directs the applicant's attention to Rule 9.1 of the Tribunal's Rules of Procedure which requires a Reply when an applicant intends to prove a version of the facts different from those set out in a Response.

ORDER

5Leave to amend the Response is granted.