HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dubravko Cvetkovic
Applicant
-and-
United Brotherhood of Carpenters and Joiners of America Local 675
Respondent
INTERIM DECISION
Adjudicator: Douglas Sanderson
Indexed as: Cvetkovic v. United Brotherhood of Carpenters and Joiners of America Local 675
WRITTEN SUBMISSIONS
Dubravko Cvetkovic, Applicant ) Self-represented
1This is an Application filed on June 20, 2011 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 and membership in a vocational association on the basis of age.
2The purpose of this Interim Decision is to consider a Request for an Order During Proceedings (the “Request”) filed by the applicant on March 21, 2012 seeking to amend his Application. The respondents have not responded to the Request and the deadline for doing so has passed. In the Request, the applicant seeks to add general damages of $30,000.00 to the remedies requested in the Application. Such general damages would compensate him for suffering and degradation he experienced because of the respondent’s alleged actions. The applicant explained that he realized that he was entitled to seek general damages as well as damages for financial losses.
3In determining requests to amend pleadings under section 34 of the Code, the Tribunal generally considers the nature of the proposed amendments, the reasons for the amendments, the timing of the request to amend, and the prejudice to the respondent. See Ewing v. Thunder Bay Police Services Board, 2011 HRTO 1066.
4I am satisfied that the applicant should be permitted to amend the Application as requested. The Tribunal has not scheduled the matter for hearing and the respondent has not identified any prejudice to them if the Request is granted. Pursuant to section 45.2(1) of the Code, the Tribunal may order damages, commonly referred to as general damages, to compensate an applicant for injury to dignity, feelings and self-respect.
Order
5The Application is amended to include a request for general damages in the amount of $30,000.00.
6I am not seized.
Dated at Toronto, this 17th day of April, 2012.
“signed by”
Douglas Sanderson
Vice-chair