HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Amanda Fernando
Applicant
-and-
M.G.R. Contracting and Maintenance Ltd. and Graziano Roti
Respondents
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Fernando v. M.G.R. Contracting and Maintenance Ltd.
WRITTEN SUBMISSIONS
Amanda Fernando, Applicant
Wade Poziomka, Counsel
Introduction
1Further to my earlier Interim Decision in this matter, 2013 HRTO 836, the applicant filed a Request for an Order During Proceedings (Form 10) to amend her Application to include the ground of reprisal. The original Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges discrimination with respect to employment on the basis of pregnancy and disability.
2This respondent did not file a Response to the Request for Order (Form 11) and the time for so doing has now passed. In any event, the request does not change the substance of the Application. The applicant made allegations in her Application which she submits are more properly labelled as reprisal. Although the request to amend is made late in the proceedings, I cannot see that the respondent would be prejudiced.
order
3The request to amend the Application to include the ground of reprisal is granted.
4I am not seized of this matter.
Dated at Toronto, this 24th day of July, 2013.
"Signed by"
Naomi Overend
Vice-chair