Meak v. Ottawa Mould Craft Ltd., 2011 HRTO 1789

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Saronn Meak

Applicant

-and-

Ottawa Mould Craft Ltd. and Roda Hassan

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: October 3, 2011

Citation: 2011 HRTO 1789

Indexed as: Meak v. Ottawa Mould Craft Ltd.

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 April 11, 2011, alleging discrimination with respect to employment on the basis of sex. The applicant alleges that her employment was terminated because of her absences/lateness associated with her receipt of fertility treatment.

2The respondents filed a Response on June 30, 2011, denying the allegations of discrimination.

3On September 11, 2011, the applicant filed a Reply and a Request for Order During Proceedings (“Request”) seeking that her Application be amended to include the ground of disability.

4On September 16, 2011, the respondents filed a response to the applicant’s Request and indicated that they consented to allowing the applicant to make the requested amendment. The respondents further indicated their intention to file a request for particulars based on the amendment in order to enable them to file an amended Response.

5Subsequently, the applicant wrote to the Tribunal and advised that she is out of the country due to a family medical emergency until November 30, 2011, and requests an extension of time until after that date.

6Given the parties’ agreement, the Tribunal grants the applicant’s request to amend the Application to include the ground of disability.

DIRECTIONS

7In these circumstances, the Tribunal directs as follows:

(i) The applicant’s request to amend her Application to include the ground of disability is granted;

(ii) The applicant is required to file an amended Application with particulars regarding her allegations of disability discrimination on or before December 12, 2011;

(iii) Following receipt of the applicant’s amended Application, the respondents may file a request for particulars or an amended Response; and

(iv) Upon receipt of the respondents’ amended Response, the applicant may file an amended Reply.

8I am not seized.