Paul McCabe v. Metro Ontario Inc., 2011 HRTO 506

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul McCabe

Applicant

-and-

Metro Ontario Inc.

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 11, 2011

Citation: 2011 HRTO 506

Indexed as: McCabe v. Metro Ontario

1This Interim Decision deals with the applicant’s Request for Order During Proceedings (Form 10) asking to amend his Application to add the ground of disability. His Application currently alleges that the respondent discriminated against him in employment basis of age contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The applicant bases his request on the following additional facts:

We understand that Metro Inc. was obliged to prove accommodation for a position, which could be performed by me despite the temporary reduction in mobility resulting from complications with my second knee full knee replacement surgery.

On June 29, 2009, I met with my supervisor, Wayne Chipman, at his office and told him that I planned to retire on July 1^st because I was unable to manage my expenses without a pay cheque. He stated that “he was sorry I have to leave that way.” On the same day, I also visited my store to inform the bookkeeper, Katie Hayward of my decision and my problems. On my arrival home, I wrote an email to Dana Jaskinski, Metro Pension Department, reiterating my plans to retire as well as my reasons (Copy of email attached).

3The respondent filed a Response to the Request for Order (Form 11) in which they oppose the applicant’s Request to amend on the basis that the applicant did not request modified work before retiring. The respondent may be able to demonstrate this at the hearing. It is not precluded from raising its argument with respect to the absence of a factual underpinning at the hearing. The respondent has not, however, asserted that it would suffer prejudice at this stage.

4The Tribunal is prepared to grant the applicant’s Request to amend in view of the small number of additional facts involved and the apparent lack of prejudice to the respondent. Accordingly, this Application is amended to include the ground of disability and the additional particulars set out in paragraph 2 of this Interim Decision.

5I am not seized of this matter.