HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Erwin Matthew
Applicant
-and-
Middlesex Standard Condominium Corporation Number 733
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Matthew v. Middlesex Standard Condominium Corporation Number 733
WRITTEN SUBMISSIONS
Erwin Matthew, Applicant
Brenda Culbert, Counsel
Middlesex Standard Condominium Corporation Number 733, Respondent
Kristin Ley, 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 discrimination with respect to goods, services and facilities because of disability.
2The applicant asks to amend his Application to include the following remedies:
a. monetary compensation for injury to dignity, feelings, and self-respect in the amount of $20,000.00; and
b. an order that the respondent installs and maintains a ramp to his unit that would allow him to enter and exit his unit independently.
3The respondent neither consents nor objects to the amendments.
ARGUMENT AND ANALYSIS
4I find that the amendments should be allowed, in accordance with the test in Wozenilek v. 7-Eleven, 2009 HRTO 926, by “taking into account the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice.”
5Although the applicant seeks to amend the Application approximately a month before the hearing, there is little prejudice to the respondent as the applicant is simply seeking to set out his possible position as to appropriate remedy. In addition, the respondent did not object to the request. The amendments to the remedies requested would not prolong the hearing but simply clarify what remedies would be sought by the applicant if a finding of discrimination is made.
ORDER
6The Tribunal orders that the Application will include the amendments to the remedies claimed.
Dated at Toronto, this 16th day of October, 2013.
“Signed by”
Dawn J. Kershaw
Vice-chair