Human Rights Tribunal of Ontario
B E T W E E N:
Timothy Moir Applicant
-and-
Essex Powerlines Corporation Respondent
INTERIM DECISION
Adjudicator: Jennifer Scott Date: February 5, 2014 Citation: 2014 HRTO 176 Indexed as: Moir v. Essex Powerlines Corporation
WRITTEN SUBMISSIONS
Timothy Moir, Applicant Craig Flood, Counsel
Essex Powerlines Corporation, Respondent David Amyot, Counsel
Introduction
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. A hearing in this matter has been scheduled for February 18 and 19, 2014 in Windsor, Ontario.
2This Interim Decision deals with the applicant’s Request to amend the Application to add additional remedies sought by the applicant. The respondent does not oppose the proposed amendment, but denies the applicant’s entitlement to the new remedies sought.
3Rule 1.7(c) of the Tribunal’s Rules of Procedure (“Rules”) states that in order to provide for a fair, just and expeditious resolution of any matter before it, the Tribunal may “allow any filing to be amended”.
4In determining requests to amend applications under section 34 of the Code, the Tribunal generally considers the nature of the proposed amendments, the timing of the request to amend, 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.
5I am satisfied that the applicant should be permitted to amend the remedial section of the Application to add additional remedies sought. Although the respondent denies entitlement to these remedies, it does not oppose the amendment.
Order
6The Application will be amended to include the additional remedies set out in paragraph 3 of Schedule “A” of the applicant’s Request;
7I am not seized.
Dated at Toronto, this 5th day of February, 2014.
“Signed by”
Jennifer Scott Vice-chair```