Mar Ian Mendoza v. Centre for Addiction and Mental Health, 2014 HRTO 1035

Human Rights Tribunal of Ontario

B E T W E E N:

Mar Ian Mendoza

Applicant

-and-

Centre for Addiction and Mental Health

Respondent

INTERIM DECISION

Adjudicator: Alison Renton Date: July 15, 2014 Citation: 2014 HRTO 1035 Indexed as: Mendoza v. Centre for Addiction and Mental Health

1This Application was filed on May 20, 2014 and alleges discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). At the time of filing, the applicant was self-represented.

2On June 25, 2014, before a Response was required to be filed by the respondent, the applicant filed a Request for Order During Proceedings ("RFOP") seeking to amend his Application. Specifically, he seeks to include additional facts and remedies to those included in his initial Application.

3The respondent filed a Response to the RFOP consenting to the applicant's RFOP.

4The Teamsters Local Union No. 419 ("the union"), which is the bargaining agent which represents the applicant in the workplace, also filed a Response to the RFOP. It has been named as an affected party, is not an intervenor, and it does not object to the applicant's request in his RFOP.

5Rule 1.7(c) of the Tribunal's Rules of Procedure states that the Tribunal may permit a party to amend a pleading. The applicant's request to amend is made at the beginning of the Tribunal's process, the respondent was not yet required to file a Response, and the parties consent. The applicant's request is granted, although the time frames are a little different from what had been requested.

Order

6The Tribunal orders the following:

1. Within 21 days of the date of this Interim Decision, the applicant shall file with the Tribunal, copying the respondent and the union, an amended Application which shall replace the previously filed Application and any revisions of that Application;

2. Within 35 days of the date that the respondent receives the amended Application, the respondent shall file a Response with the Tribunal. The Tribunal will issue the Response to the applicant and the union; and

3. The union may file a Request to Intervene, if it seeks to intervene in this proceeding.

7I am not seized with this matter.