Jose Caborubias v. Humber River Hospital, 2013 HRTO 2035

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jose Caborubias

Applicant

-and-

Humber River Hospital

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: December 6, 2013

Citation: 2013 HRTO 2035

Indexed as: Caborubias v. Humber River Hospital

WRITTEN SUBMISSIONS

Jose Caborubias, Applicant

Erin Hallock, Counsel

Humber River Hospital, Respondent

Daryn Jeffries, Counsel

Introduction

1This Interim Decision addresses the applicant’s request to amend his Application.

2The applicant filed an Application on May 22, 2013, alleging discrimination in employment because of disability contrary to Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

3The respondent filed a Response on July 26, 2013 denying the allegations. In the Response, the respondent requests an Order from the Tribunal directing the applicant to consent to the respondent accessing his Occupational Health and Safety file.

4On August 9, 2013, the applicant filed a Reply. In the Reply, the applicant consented to the respondent’s request to access his Occupational Health and Safety File. As a result of this consent, an order of the Tribunal is not required.

5On November 4, 2013, the applicant filed a Request for an Order During Proceedings (“Request”) asking the Tribunal to allow him to amend his Application to:

a. Correct the contact information for his union and to correct the period of time he was absent from work;

b. Amend the remedies sought in the Application;

c. Amend the Reply to clarify the applicant’s factual account of events relevant to the Reply.

6On November 18, 2013, the respondent consented to the proposed amendments, although it disputed the amount of general damages claimed by the applicant.

decision

7Rule 1.7(c) of the Tribunal’s Rules of Procedures states that in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may “allow any filing to be amended”.

8This matter has not yet been scheduled for a hearing. Given the timing of the Request, the nature of the amendments sought and the respondent’s consent, the applicant’s Request is granted. The amendments provide further clarity to the applicant’s pleadings and cause no prejudice to the respondent.

order

9The Tribunal orders as follows:

a. Within 21 days of the date of this Interim Decision, the applicant may file an amended Application and an amended Reply.

b. Within 14 days of receiving the amended Application and the amended Reply, the respondent may file an amended Response.