HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Timothy Prothero
Applicant
-and-
Her Majesty the Queen as represented by the Minister of Community Safety and Corrections Services as the Ontario Provincial Police, Fred Bertucca, Laura Young and Ted Clark
Respondents
INTERIM DECISION
Adjudicator: Douglas Sanderson
Indexed as: Prothero v. Ontario (Community Safety and Corrections Services)
WRITTEN SUBMISSIONS
Timothy Prothero, Applicant
John Yach, Choose an item.
Her Majesty the Queen as represented by the Minister of Community Safety and Corrections Services as the Ontario Provincial Police, Fred Bertucca, Laura Young and Ted Clark, Respondents
Lynette D’Souza, Counsel
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 with respect to employment because of disability and reprisal.
2This Interim Decision addresses a Request for an Order During proceeding filed by the respondents on April 5, 2013 (the “Request”). The applicant filed a Response to a Request for an Order on April 19, 2013.
The Request
3The respondents submitted that the applicant’s Reply contains new allegations to which they have had no opportunity to respond. The respondents therefore request an Order requiring the applicant to remove these new allegations from his Reply and then to amend his Application to include these allegations. Once the applicant amended the Application the respondents would then be entitled to amend their Response to address the new allegations. Alternatively, the respondents seek an order permitting them to amend their Response to respond to the new allegations set out in the Reply.
4The applicant consented to the respondents amending their Response to address factual assertions contained in the Reply.
5Allowing the respondents to amend their Response is clearly the most practical manner in which to allow the respondents to respond to the new allegations raised in the Reply
Order
6The Tribunal orders as follows:
The respondent may file an amended Response, addressing new allegations raised in the Reply within 35 days of the date of this Interim Decision; and,
The applicant may file an amended Reply within 14 days of receiving the respondents’ amended Response.
7I am not seized.
Dated at Toronto, this 5^th^ day of September, 2013.
“Signed By”
Douglas Sanderson
Vice-chair