HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Elizabeth-Jay Taylor Applicant
-and-
SMG Canada ULC-The Hershey Centre Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Taylor v. SMG Canada ULC
WRITTEN SUBMISSIONS
Elizabeth-Joy Taylor, Applicant
Self-represented
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of age and sex. The applicant alleges that she was sexually harassed by a patron of the respondent. The matter is scheduled for a hearing on the merits in Toronto on March 22, 2013.
1This Interim Decision addresses the applicant’s Request for an Order During Proceedings to amend the remedies sought in the Application (the “Request to amend”) which was filed on June 25, 2012. The respondent has not filed a Response with respect to the Request to amend and the time for doing so has past.
Decision
2Rule 1.7. of the Tribunal’s Rules of Procedure states:
(1) In order to provide for a fair, just and expedition resolution of any matter before it the Tribunal may:
c) allow any filing to be amended.
3In Lo v MCJFC Food Enterprise, 2011 HRTO 26, and Wozenilek v 7-Eleven Canada, 2009 HRTO 926, the Tribunal in determining whether to grant a request to amend a pleading considered the following factors: whether the request is brought prior to the hearing; whether the amendment would cause any delay in the proceedings, and; whether the amendment would result in prejudice to the other parties.
4I have considered the matter and I find that it is appropriate to grant the applicant’s Request to amend. The amendment of the Application is brought in a timely manner, will not delay the proceedings or prejudice the respondent. Further, I note that the Request to amend is unopposed by the respondent.
Order
5Therefore, the Tribunal makes the following Order:
a. The Application is amended to include the remedies identified at paragraph 3 of Form 10 of the applicant’s Request to amend.
Dated at Toronto, this 20th day of December, 2012.
”signed by”
Geneviève Debané
Vice-chair