McLean v. Copart Canada Inc., 2015 HRTO 1050

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Heather McLean Applicant

-and-

Copart Canada Inc. Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: August 6, 2015 Citation: 2015 HRTO 1050 Indexed as: McLean v. Copart Canada Inc.

WRITTEN SUBMISSIONS

Heather McLean, Applicant Megan Evans Maxwell, Counsel

Copart Canada Inc., Respondent Alexandre Mouret, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application is proceeding to a hearing on January 18 and 19, 2016.

REQUEST TO AMEND APPLICATION

3By Request for an Order During Proceedings (“RFOP”) filed July 15, 2015, the applicant sought to amend her Application to amend her remedies by increasing her claim for monetary compensation for the injury to her dignity, feelings and self-respect and for her lost wages and requesting two additional orders to promote future compliance with the Code.

4The respondent does not oppose the request.

5In determining requests to amend applications, the Tribunal generally considers the nature of the proposed amendments, the reasons for the amendments, the timing of the request to amend and the prejudice to the respondent. See, for example, Odell v. TTC, [2001] OHRBID No. 2; Dube v. Canadian Career College, 2008 HRTO 336; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

6Having considered these factors, I grant the applicant’s request to amend the Application. The applicant is not seeking to add new grounds of discrimination or add new parties. The respondent consents to the amendment.

7The parties are reminded that their pre-hearing documents are due by December 4, 2015.

ORDER

8The Tribunal orders the following:

1. The Application is amended to include the additional remedies set out in the July 15, 2015 RFOP.

9I am not seized.