HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mariusz Beres
Applicant
-and-
Toronto District School Board and Anthony Vandyke
Respondent[s]
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Beres v. Toronto District School Board
WRITTEN SUBMISSIONS
Toronto District School Board and Anthony Vandyke, Respondents
Gail Geronimo, Counsel
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.
2On November 15, 2013 the respondents filed a Response.
3On November 27, 2013 the respondents filed a Request for an Order During Proceeding to amend the Response.
4Though the applicant has not filed a response to the Request to amend on December 2, 2013 the applicant filed a Reply in which he replies to the new allegations raised in the amended Response.
Request to amend
5Rule 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.
6I have considered the submissions and the case law cited by the respondents and I find that it is appropriate to grant the Request to amend. The amendment of the Response is brought in a timely manner, will not delay the proceedings or prejudice the applicant.
Order
7The Tribunal orders that:
a. The respondents’ Request to amend the Application is granted; and
b. If the applicant wishes to file an additional Reply to the amended Response then he must do so within 14 days of the date of this Interim Decision.
8I am not seized.
Dated at Toronto, this 21st day of March, 2014.
“Signed By”
Geneviève Debané
Vice-chair