Human Rights Tribunal of Ontario
B E T W E E N:
Chandra McKinnon Applicant
-and-
Reynolds O’Brien LLP Respondent
INTERIM DECISION
Adjudicator: David Muir Date: May 28, 2012 Citation: 2012 HRTO 1058 Indexed as: McKinnon v. Reynolds O’Brien LLP
Written Submissions
Chandra McKinnon, Applicant Self-represented
Reynolds O’Brien LLP, Respondent Robert J. Reynolds, Counsel
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.
2In her Reply (Form 3) the applicant sought to amend her Application by the addition to the Remedies sought, lost wages in the amount of $2500 and legal costs in the amount of $3700. The respondent did not oppose the applicant’s request to amend by the addition of a claim for lost wages. The amendment is granted.
3The respondent states that the applicant should not be permitted to amend by the addition of a claim to legal costs on the basis that such a claim is untenable as the Tribunal has no jurisdiction to award costs.
4The respondent is correct that the Tribunal has consistently decided that it has no jurisdiction to award costs. In addition to the cases cited by the respondent in their correspondence of December 2, 2011 the parties are referred to MacDonald v. Downtown Health Club for Women, 2009 HRTO 1647; XY v. Ontario (Government and Consumer Services), 2012 HRTO 726 and the cases cited therein. However at this stage of the proceeding there is no prejudice to the respondent if the Application is amended allowing the applicant an opportunity to argue the point, if she wishes to do so, at the hearing. The request to amend is granted as well.
5The respondent is entitled to file a supplemental Response to the Application to the extent that these amendments require same, within 30 days of the date of this Interim Decision.
6I am not seized.
Dated at Toronto, this 28^th^ day of May, 2012.
“Signed by”
__________________________________
David Muir Vice-chair