HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Bryan Livingston
Applicant
-and-
Across Canada Construction & Paving, a Division of Trezzi Construction Ltd. and Albert Trezzi
Respondents
INTERIM DECISION
Adjudicator: Alan G. Smith
Indexed as: Livingston v. Across Canada Construction & Paving
WRITTEN SUBMISSIONS
Bryan Livingston, Applicant ) Brenda Culbert, Counsel
INTRODUCTION
1This is an Application filed April 15, 2010, pursuant to section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, claiming discrimination in hiring on the basis of age.
2On April 1, 2011, the applicant filed a Request for an Order During Proceedings requesting an amendment to the amount of monetary remedies sought in the Application to seek damages for wage loss in the amount of $27,300, and monetary compensation for the injury to dignity, feelings and self-respect, characterised in the Request as “general damages”, in the amount of $15,000.
3The applicant explained that he had self-drafted his Application. He has now clarified his wage loss claim and has been informed of his right to seek compensation for his intangible losses. The applicant submits there will be little prejudice to the respondents arising from the Request.
DECISION
4Given that the scheduled hearing date with regard to the merits of the Application is approximately five weeks in the future, and the relatively small increase in the total damages sought, I am satisfied the amendment is reasonable and will not prejudice the respondents.
5The Application is amended as requested.
Dated at Toronto, this 13th day of April, 2011.
”signed by”___
Alan G. Smith
Member