Brittney Poissant v. CS Wind Canada Inc., 2014 HRTO 117

Human Rights Tribunal of Ontario

B E T W E E N:

Brittney Poissant

Applicant

-and-

CS Wind Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Decision Date: January 27, 2014

Citation: 2014 HRTO 117

Indexed as: Poissant v. CS Wind Canada Inc.

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis age, colour, ethnic origin, place of origin, race and sex.

2The hearing is scheduled to begin on July 15, 16 and 17, 2014.

3The applicant filed a Request for Order During proceeding on November 29, 2013, seeking to amend the Application to include an allegation of reprisal. The allegations related to the contents of the Response to the Application filed by the Respondent.

4The respondent has responded to the Request and opposes it on the grounds that the issues raised by the amendment have nothing to do with the Code, are complex and will unduly complicate the hearing.

5The Request is granted.

6Rule 1.7. of the Tribunal’s Rules of Procedure states:

In order to provide for a fair, just and expedition resolution of any matter before it the Tribunal may:

c) allow any filing to be amended.

7In determining requests to amend applications under s. 34 of the Code, the Tribunal generally considers the nature of the proposed amendments, the timing of the request, and 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.

8Without commenting on the merits of the new allegation, which raises a number of issues including issues of privilege in relation to the content of a pleading in a case, it is not clear to me how the requested amendment will unduly lengthen or complicate the hearing or otherwise prejudice to the respondent.

9The hearing adjudicator may make further directions with respect to the amendment of the Application after the parties have completed their disclosure pursuant to Rules 16 and 17.

10I am not seized of this case.