HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Vandana Kohli
Applicant
-and-
International Clothiers, Malik Awan and Shafiq Bajwa
Respondents
INTERIM decision
Adjudicator: Geneviève Debané
Indexed as: Kohli v. International Clothiers
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on March 10, 2010, alleging discrimination with respect to employment on the basis of sex. On August 24, 2011, the respondents filed a common Response denying the allegations. The applicant filed a Reply on September 12, 2010.
2This Interim Decision addresses the applicant's Request for an Order During Proceedings to amend the Application (the "Request to amend") to include reprisal as an additional ground. Though the Request to amend was delivered and filed on August 18, 2011, the respondents have not filed any Response. The applicant's Request to amend is therefore unopposed by the respondents.
3In support of the Request to amend, the applicant states that the facts and allegations relied upon in support of the alleged reprisal allegations have already been pled in the Application and the Reply. The applicant submits that amending the Application to include reprisal as a ground is "minor and technical in nature" since the substantial issues have already been addressed by the parties in their respective pleadings. Counsel for the applicant notes that the applicant was unrepresented when she filed her Application with the Tribunal.
4In the circumstances of this case, given that the amendment will not delay the Application or prejudice the respondents I find that it is appropriate to grant the amendment.
Order
5The Tribunal makes the following Orders:
a. The Application is amended to reflect that reprisal is an additional ground of alleged discrimination; and
b. The respondents may, if they wish, file amended Responses within two weeks of the receipt of this Interim Decision to address the reprisal allegation as an additional ground.
6I am not seized of this matter.
Dated at Toronto, this 13^th^ day of September 2011.
"signed by"
Geneviève Debané
Vice-chair