Maria Falvo v. D&D Associates Paralegal Professional Corporation, 2012 HRTO 907

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maria Falvo Applicant

-and-

D&D Associates Paralegal Professional Corporation Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: May 7, 2012 Citation: 2012 HRTO 907 Indexed as: Falvo v. D&D Associates Paralegal Professional Corporation

1The applicant filed this Application on March 11, 2011, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), and the respondent filed a Response on May 9, 2011. The Application is scheduled to be heard on June 11, 12, and 13, 2012.

2This Interim Decision addresses the applicant's Request for an Order During Proceedings ("Request") to amend the Application with respect to the remedy requested.

3Rule 1.7(c) of the Tribunal's Rules of Procedure states as follows:

1.7. In order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may:

c) allow any filing to be amended.

4The Tribunal has permitted amendments to applications made under section 34 of the Code, taking into account fairness, the stage at which the request to amend is made, the nature of the amendments, and the absence of any apparent prejudice. See Meecham v. 1216575 Ontario, 2010 HRTO 2278 at para. 4; Dube v. Canadian Career College, 2008 HRTO 336 at para. 7; and, Wozenilek v. 7-Eleven Canada, 2009 HRTO 926 at para. 5.

5In the circumstances, I am prepared to allow the requested amendment. The Request was delivered and filed early in the process, on April 13, 2011, prior to the respondent filing a Response to the Application. The respondent did not file a Response to the Request, and does not appear to have otherwise objected to the Request, or identified any prejudice to it if the amendments are allowed. Furthermore, with respect to the nature of the amendments, the applicant seeks only to amend the remedy she is requesting in the event a violation of the Code is established. Accordingly, the applicant's Request to amend the Application with respect to remedy, as set out in the applicant's Request, is granted.