HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kimberley Harvey
Applicant
-and-
Tor Can Waste Reduction Management Inc. and Liborio Gurreri
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Harvey v. Tor Can Waste Reduction Management Inc.
WRITTEN SUBMISSIONS
Kimberley Harvey, 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. This matter is scheduled for hearing in February 2014.
2On June 27, 2013 the applicant delivered and filed a request for an Order during Proceeding to amend the Application (the “Request to amend”) to include an allegation of reprisal with respect to a telephone conversation that occurred on December 18, 2012.
3The respondent has not filed a Response to the applicant’s request to amend and the time for doing so has passed.
4I have reviewed the Request to amend, including that it has been made many months in advance of the hearing. In these circumstances, I find that it is appropriate to grant the amendment of the Application to include the allegation of reprisal.
ORDER
5The Tribunal Orders:
a. The Application is amended to include the allegation that a reprisal occurred on December 18, 2012, as particularized in both the applicant’s Reply and in the schedule attached to her Request to amend; and
b. The respondent is directed to file a Response to the allegation of reprisal within 21 days of the date of this Interim Decision.
Dated at Toronto, this 24th day of July, 2013.
“Signed by”
Geneviève Debané
Vice-chair

