Human Rights Tribunal of Ontario
Between:
Bonnie Sears Applicant
-and-
Garry W. Sunstrum Sales Ltd. Respondent
Interim Decision
Adjudicator: Alan G. Smith Date: June 25, 2012 Citation: 2012 HRTO 1245 Indexed as: Sears v. Sunstrum Sales Ltd.
Written Submissions
Garry W. Sunstrum Sales Ltd., Respondent Martin A. Smith, Counsel
Background
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. The Application alleges, among other things, an incident of discrimination involving the applicant’s husband which occurred in April 2004.
2A Response was filed on February 7, 2012, in which the respondent addressed the alleged incident of April 2004.
3On March 13, 2012, the respondent filed a Request for Order During Proceedings (Tribunal Form 10), requesting that the Response be amended so as to indicate that the date of the incident involving the applicant’s husband was actually April 2001.
4No response to the Form 10 was received from the applicant and the time for doing so has past.
Analysis
5As the applicant did not respond to the Form 10, I have no submissions regarding any prejudice that would arise by allowing the amendment to the Response.
6In all the circumstances, the Tribunal grants the request to amend the Response.
Order
7The Response is amended.
8The Application will proceed to a hearing on the merits.
9I am not seized.
Dated at Toronto, this 25^th^ day of June, 2012.
Signed by
Alan G. Smith Member