Butterworth v. 1738678 Ontario Limited, 2014 HRTO 1295

Human Rights Tribunal of Ontario

B E T W E E N:

Sarah Butterworth

Applicant

-and-

1738678 Ontario Limited and Laura Philp

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: September 3, 2014

Citation: 2014 HRTO 1295

Indexed as: Butterworth v. 1738678 Ontario Limited

1This Application alleges discrimination with respect to employment because of sex (pregnancy) contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The hearing is scheduled for October 10, 2014.

3The parties have apparently agreed to file amended pleadings. Accordingly, the applicant filed a Request for Order During Proceedings (“RFOP”) seeking to amend the name of the respondent to its legal name, add the personal respondent, the remedies the applicant is seeking, and some clarifying allegations.

4The respondent and the proposed respondent have filed a RFOP seeking to file a joint amended Response.

5The parties have also agreed to the following timetable:

• September 2, 2014 for the applicant to file a Reply if she intends to file a Reply;

• September 5, 2014 for the parties to exchange any relevant documentation; and

• September 12, 2014 for the parties to exchange any witness statements/documents that they intent to rely on.

Analysis

6While parties can agree about changing the names of parties on consent, and for setting out a timetable for their disclosure obligations, or agree to other issues, ultimately it is the Tribunal that must determine whether such agreements are granted.

7In the circumstances of this case, the Tribunal grants the applicant’s request to change the name of the corporate respondent from Residence on Water Street to 1738678 Ontario Limited and to add the personal respondent Laura Philp. It also permits the applicant to amend her Application, including the amended remedies and allegations, as attached to her RFOP, and permits the respondents to file a joint amended Response as attached to their RFOP.

8Further, the Tribunal grants the parties’ timetable for their disclosure obligations as set out in the respondents’ counsel email of August 19, 2014, with the addition that the parties shall file their witness statements and any documents upon which they intend to rely with the Tribunal and the other parties by September 12, 2014.

Order

9Accordingly, the Tribunal orders the following:

a. The respondent’s name shall be amended from Residence on Water Street to 1738678 Ontario Limited;

b. The personal respondent Laura Philp shall be added;

c. The applicant’s Application shall be amended as attached to her RFOP;

d. The respondents’ joint Response shall be amended as attached to their RFOP;

e. The timetable as proposed by the respondents’ counsel’s email dated August 19, 2014 is granted, on the condition that by September 12, 2014 the parties shall file any witness statements and documents upon which they intend to rely with the Tribunal and with the other party/parties.