HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joel Thibodeau
Applicant
-and-
CS Wind Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Thibodeau v. CS Wind Canada Inc.
WRITTEN SUBMISSIONS
Joel Thibodeau, Applicant
Shawn Weston, Representative
Introduction
1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The applicant requests that he be allowed to amend his Application to include a new allegation of reprisal and to add allegations of continuing discrimination because of disability. The respondent did not file a response to the request.
Request to Amend Application
3In considering requests to amend applications 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, for example, 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.
4With respect to the timing of the requests alone, the hearing is scheduled for November 17, 2014 and I do not find it prejudicial to allow amendments to the Application at this stage.
5To the extent that the new allegations relate to the allegations in the original Application and simply document ongoing issues, the amendments are allowed.
6The request to add the ground of reprisal also is allowed given the timing and the lack of objection from the respondent.
order
7The applicant is permitted to file an amended Application to add the ground of reprisal and to add the new allegations set out in the Request for an Order During Proceedings dated June 13, 2014 within 14 days of the date of this Interim Decision.
8The respondents shall be permitted to file an amended Response within 28 days of the filing of the amended Application.
9The applicant shall be permitted to file an amended Reply within 14 days of the date of the filing of the amended Response.
Dated at Toronto, this 11th day of July, 2014.
"signed by"
Dawn J. Kershaw
Vice-chair