HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Malek Bouraoui
Applicant
-and-
Ottawa Valley Cleaning and Restoration
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: May 15, 2014 Citation: 2014 HRTO 699 Indexed as: Bouraoui v. Ottawa Valley Cleaning and Restoration
WRITTEN SUBMISSIONS
Malek Bouraoui, Applicant Self-represented
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. The respondent has not filed a Response and has not participated in this proceeding.
2On February 4, 2014, the Tribunal issued Interim Decision 2014 HRTO 164 (the "Interim Decision") which deemed that the respondent had accepted the allegations in the Application and that the respondent was no longer entitled to notice.
3In accordance with the directions in the Interim Decision the Tribunal convened a telephone conference to determine the next steps in this proceeding. During this telephone conference the applicant advised that he would be seeking an amendment of the Application.
4On April 28, 2014, the applicant filed a Request for an Order during Proceeding seeking the amendment of the Application (the "RFOP"). The applicant confirmed that he delivered the RFOP to the respondent. The respondent has not filed a Response to the RFOP and the time for doing so has passed.
5In the RFOP the applicant seeks to amend the Application to include allegations including that of reprisal and to increase the monetary remedies sought.
6In the circumstances of this case, given that the amendment will not delay the Application or cause prejudice to the respondent which has not participated in this proceeding I find that it is appropriate to grant the amendment.
ORDER
7The Tribunal makes the following Order:
a. The Application is amended to include the allegations in the RFOP and to increase the monetary remedies sought; and
b. The respondent may file a Response within two weeks of the date of this Interim Decision to address these amended allegations.
8The applicant is reminded that he must file with the Tribunal and deliver to the respondent by no later than May 30, 2014, a detailed witness statement and all documents that he intends to rely on in support of his Application and the remedies sought.
9The parties are further reminded that a Hearing by telephone conference will be held on June 30, 2014, at 9:30 a.m. The information required to call into the telephone hearing is contained in the Notice of Hearing dated April 24, 2014.
Dated at Toronto, this 15th day of May, 2014.
« Signed by »
Geneviève Debané
Vice-chair