Trevor Malcolm v. Ministry of Community Safety and Correctional Services, 2012 HRTO 2144

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Trevor Malcolm

Applicant

-and-

Ministry of Community Safety and Correctional Services

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: November 14, 2012

Citation: 2012 HRTO 2144

Indexed as: Malcolm v. Ontario (Community Safety and Correctional Services)

1This Interim Decision is further to a case management discussion with the parties, held by telephone on September 4, 2012.

2The primary issue discussed concerns an incident that took place on or about May 23, 2012, including the status of any legal proceeding in relation to that incident, and how it relates to the issues raised by the Application.

3On October 23, 2012, the applicant’s representative sent an email to the Tribunal, copied to the respondent, stating that the applicant has now decided that he wishes to amend the Application to include the May 23, 2012 incident. The respondent has not responded to this request. The respondent has previously submitted that it is necessary to consider the May 23, 2012 incident in respect of the issues raised in the Application.

4In these circumstances, the Tribunal will permit the applicant to amend the Application to include allegations about an incident on or about May 23, 2012.

5The applicant’s representative indicated that the amended Application will be submitted by November 26, 2012.

6The respondent may file an amended Response no later than 35 days after the amended Application is received.

7The Tribunal will then schedule a two-day hearing.