HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Michael Garnet Bonnett Applicant
-and-
Toronto Police Services Board and William Blair Respondents
INTERIM DECISION
Adjudicator: David Muir Date: September 8, 2011 Citation: 2011 HRTO 1666 Indexed as: Bonnett v. Toronto Police Services Board
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in services on the basis of ancestry, colour, place of origin, ethnic origin and colour. This Decision deals with a Request for Order During Proceeding ("Request") filed by the applicant. The respondents have each agreed to the request subject to their right to file a revised Response to an amended Application.
2The applicant seeks to amend the Application by the addition of the ground of creed. The applicant states that he was self-represented when he filed his original application and inadvertently failed to check off creed on his original Application. The applicant further states that he wears his hair in dreadlocks and identifies as Rastafarian. The Applicant filed a brief statement of supplemental facts in support of this new allegation.
3In considering Requests to amend an application the Tribunal will consider the timing of the Request, the nature of the amendment sought and the presence or absence of any prejudice to any party that might result from the amendment.
4This Request is made relatively early in the process, prior to a hearing date being set and before disclosure of the parties' documents has begun. The amendment is a narrow one and does not fundamentally change the nature of the Application. It will not lengthen or complicate the hearing to any degree. Finally the respondents have alleged no prejudice and as indicated they have each agreed to the amendment.
5In these circumstances I find that it would be fair just and expeditious to allow the applicant to amend his Application by the addition of the ground of creed to the other issues raised in this Application.
6If they wish, the respondents, may file amended Responses to this new allegation within 30 days of the date of this Decision.
7I am not seized.
Dated at Toronto, this 8th day of September, 2011.
"Signed by"
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David Muir Vice-chair