Thorne v. Easyhome Ltd., 2014 HRTO 353

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Melissa Thorne Applicant

-and-

Easyhome Ltd. Respondent

INTERIM DECISION

Adjudicator: David Muir

Decision Date: March 13, 2014

Citation: 2014 HRTO 353

Indexed as: Thorne v. Easyhome Ltd.

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 of disability and marital status.

2The hearing is scheduled to begin on June 26 and 27, 2014.

3The applicant filed a Request for Order During Proceeding (“Request”) seeking to amend the Application to include an allegation of reprisal.

4The respondent has responded to the Request and opposes it on the grounds that the new allegations have no reasonable prospect of success.

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.

8I observe that the respondent has provided a response to the allegation which if accepted may be an answer to the allegation of reprisal however it is also an issue about which evidence will need to be heard. Otherwise it appears to me appropriate that the amendment be granted. While the Request has been made at a late date in the process, the hearing dates are months away and the issue raised is not one that will unduly lengthen or complicate the hearing or otherwise cause prejudice to the respondent.

9The parties will make their Rule 16.1 disclosure with respect to the amendment within 14 days of the date of this Interim Decision and otherwise make their disclosure as directed in the Notice of Hearing.

10I am not seized of this case.