Pourasadi v. Bentley Leathers Inc., 2014 HRTO 502

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robabeh Pourasadi Applicant

-and-

Bentley Leathers Inc. Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: April 9, 2014 Citation: 2014 HRTO 502 Indexed as: Pourasadi v. Bentley Leathers Inc.

WRITTEN SUBMISSIONS

Robabeh Pourasadi, Applicant Bruce Best, Counsel

Introduction

1This Application, filed on June 12, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment because of disability. The Application is proceeding to a hearing on August 21 and 22, 2014.

2On March 18, 2014, the applicant filed a Request for Order During Proceedings (“RFOP”) seeking leave to amend the remedies sought in the Application to include a request for reinstatement with the respondent. The respondent did not respond to the Request.

Amending the Application

3In Aubin v. Sudbury Sexual Assault Crisis Centre, 2011 HRTO 1281, the Tribunal held it will consider the following factors when determining whether to grant an amendment:

a. The nature of the proposed amendment;

b. The reason for the amendment;

c. The timing of the amendment request;

d. The prejudice to the respondents.

4The applicant seeks leave to amend the Application to add the specific claim for reinstatement. The applicant drafted the Application on her own and did not include a claim for reinstatement. She is now represented by legal counsel and counsel, on her behalf, has requested this amendment.

5The respondent does not object to the proposed amendment. The hearing is not scheduled until August 21, 2014, and the respondent is free to contest the applicant’s entitlement to reinstatement at that time. There is no prejudice to the respondent in granting this amendment. For these reasons, the amendment is allowed.

ORDER

6The applicant’s request to amend the Application is allowed.