Human Rights Tribunal of Ontario
B E T W E E N:
AiLian Ou
Applicant
-and-
Sheridan Institute of Technology & Advanced Learning
Respondent
INTERIM DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Ou v. Sheridan Institute of Technology & Advanced Learning
WRITTEN SUBMISSIONS
AiLian Ou, Applicant
Self-represented
Sheridan Institute of Technology & Advanced Learning, Respondent
Brenda J. Bowlby, Counsel
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”). This Interim Decision addresses a Request for an Order during Proceedings (“RFODP”) made by the applicant to amend her Application. The applicant filed her RFODP on September 24, 2011.
2The Applicant has requested an Order permitting her to amend her Application to increase her damages claim to $50,000.00. It appears that she also wishes to provide new allegations to support this increased damages claim. These new allegations relate to incidents that occurred over the period following the filing of the Application up to the day of the filing of the RFODP.
3The respondent opposes the applicant’s request to amend her Application.
4A hearing has been scheduled in this matter for October 23, 2012.
5The RFODP is made one month prior to the scheduled hearing. In my view, the time available for the respondent to file an amended Response and to prepare further witnesses and documents in response to these new allegations prejudices the respondent. It may also require that the hearing be adjourned. In my view, it would not be fair, just or expeditious to allow the applicant’s request.
6The RFODP is denied.
Dated at Toronto, this 11th day of October, 2012.
“signed by”
Keith Brennenstuhl
Vice-chair