Gurski v. Fort Frances Power Corporation, 2013 HRTO 1688

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sharon Lynn Gurski

Applicant

-and-

Fort Frances Power Corporation and Town of Fort Frances

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner

Date: October 7, 2013

Citation: 2013 HRTO 1688

Indexed as: Gurski v. Fort Frances Power Corporation

WRITTEN SUBMISSIONS

Sharon Gurski, Applicant

Holly Walbourne, Counsel

Introduction

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 reprisal, poisoned environment and discrimination with respect to employment because of disability, sex and gender identity.

2The applicant has filed a Request for Order During Proceedings ("RFOP") seeking to amend her Application to remove all references to damages for dismissal or to events after her dismissal, and to add the Town of Fort Frances as a respondent from whom she seeks the public interest remedies listed in her Application: amended policies to deal with complaints and human rights training for management.

3The respondents have not responded to the RFOP and the time for doing so has passed.

REQUEST TO add the Town of Fort Frances as a respondent from whom she seeks public interest remedies

4The applicant's request to add the Town of Fort Frances as a respondent from whom she seeks public interest remedies will be addressed at the hearing.

request to remove references to damages for dismissal or events after dismissal

5In determining requests to amend applications filed under section 34 of the Code, the Tribunal generally considers the nature of the proposed amendments, the reasons for the amendments, the timing of the request to amend and the prejudice to the respondent. See Dube v. Canadian Career College, 2008 HRTO 336; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926; and Dunford v. Holiday Ford Sales, 2009 HRTO 1563.

6In this case, the applicant's request to amend by removing some of the remedies sought is made well in advance of a hearing which has not yet been scheduled. Also, the proposed amendments do not add any allegations. In the context of the respondents having provided no position, I see no prejudice to the respondents. I therefore grant the applicant's request to amend the Application with respect to the removal of references to damages for dismissal or events after dismissal, but I do so without any determination as to the relevance of the amendment, and without prejudice to any right of a respondent to seek dismissal of the Application should any civil proceeding or court determination bar the Application under s. 34(11) of the Code.

order

7The applicant's request to amend the Application with respect to the removal of references to damages for dismissal or events after her dismissal is granted.

next step

8The Tribunal will schedule a hearing.