Victor Adams v. Liquor Control Board of Ontario, 2013 HRTO 1015

Human Rights Tribunal of Ontario

B E T W E E N:

Victor Adams Applicant

-and-

Liquor Control Board of Ontario Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: June 6, 2013 Citation: 2013 HRTO 1015 Indexed as: Adams v. Liquor Control Board of Ontario

WRITTEN SUBMISSIONS

Victor Adams, Applicant Erin Hallock, Counsel

Liquor Control Board of Ontario Respondent Adrienne Couto, Counsel

Ontario Public Service Employees Union Interested Party Adrienne Liang, Counsel

Introduction

1This Interim Decision addresses the respondent’s request to amend its Response.

2The applicant filed an Application on October 1, 2012, alleging discrimination in employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

3The respondent filed a Response on November 23, 2012 denying the allegations.

4On December 10, 2012, the applicant filed a Reply.

5On December 14, 2012, the respondent filed a Request for an Order During Proceedings (“Request”) asking the Tribunal to allow it to amend its Response to address new issues raised in the Reply.

6On December 21, 2012, the applicant consented to the respondent’s Request.

analysis and decision

7Rule 1.7(c) of the Tribunal’s Rules of Procedure (“Rules”) states that in order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may “allow any filing to be amended.”

8In the circumstances, I am satisfied that the respondent should be permitted to amend its Response to respond to the two new allegations raised in the applicant’s Reply. Specifically, the respondent may file an amended Response to respond to the following allegations:

a. that the respondent breached the Code with respect to the applicant’s transfer to a new employment location in or about March 2012; and

b. that the respondent breached the Code with respect to the applicant’s 2012 performance appraisal.

order

9The Tribunal orders as follows:

a. Within 21 days of the date of this Interim Decision, the respondents may file an amended Response which includes a response to the two issues set out in paragraph 8 above.

b. Within 14 days of receiving the amended Response, the applicant may file an amended Reply addressing any amendments to the Response.

c. The deadline for the parties’ disclosure required under Rules 16.2, 16.3 and 17.1 and 17.2 of the Tribunal’s Rules shall remain the date set out in the Notice of Hearing -- July 30, 2013.