Bahareh Norouzian v. Young Women’s Christian Association of Greater Toronto, 2011 HRTO 792

Human Rights Tribunal of Ontario

B E T W E E N:

Bahareh Norouzian Applicant

-and-

Young Women’s Christian Association of Greater Toronto Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: April 20, 2011 Citation: 2011 HRTO 792 Indexed as: Norouzian v. Young Women’s Christian Association of Greater Toronto

1This is an Application filed on May 19, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2Mediation of the Application has not resulted in a settlement and the matter will therefore be scheduled for a hearing.

REQUEST TO AMEND APPLICATION

3The applicant filed a Request for an Order During Proceedings prior to mediation, which the Tribunal advised the parties would be determined following mediation if necessary. The applicant seeks to amend her Application to add a financial remedy and public interest remedy. Following mediation, the applicant filed a further Request, in which she seeks to increase the amount of financial remedy.

4The respondent filed a Response to the first Request but not to the second. It opposes the Request to amend the Application stating, among other things, that there is no reason why the remedial requests could not have been made when the Application was filed.

5The Tribunal grants the Request to amend. The decision to permit the amendment should not be taken as any assessment as to the merits of this remedial claim. Having regard to the nature of the amendments and the stage at which the Requests were made, I see no prejudice which cannot be addressed through the opportunity to file an amended Response.

6The respondent may file an amended Response within two weeks of this Interim Decision.

AFFECTED PARTY

7In her Application, one of the remedies the applicant seeks is that she be placed in a job with the respondent. It appears that the position may be in a bargaining unit of employees represented by a union. The Tribunal will give notice of the Application to the union as it may have an interest in the issues raised in the Application. The respondent is therefore also directed, within two weeks of this Interim Decision, to provide the contact information for the union for the purpose of notice.

8I am not seized of this matter.