HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Andrew Noruwa
Applicant
-and-
Eaton Chelsea Hotel, Wysdom Consulting Group Inc. and Said Said
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Noruwa v. Eaton Chelsea Hotel
WRITTEN SUBMISSIONS
Andrew Noruwa, Applicant
Self-represented
Eaton Chelsea Hotel, Respondent
Donna D’Andrea, Counsel
1This Application alleges discrimination with respect to employment because contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This matter is currently scheduled for a hearing on the merits on November 9 and 10, 2015.
2On July 7, 2015, the applicant filed submissions in which he seeks to amend the Application to include allegations of reprisal which post-date the filing of the Application. The respondent Eaton Chelsea Hotel objects to the amendment.
DECISION
3In considering requests to amend applications under section 34 of the Code, 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(s). See, for example, 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. The Tribunal is also guided by what would be most fair, just and expeditious in the circumstances.
4I am of the view that the allegations raised in the Request to amend, as they relate to the fact that the applicant did not obtain certain positions are distinct from the allegations in the Application. I am also concerned that if these amendments are granted at this stage in the proceeding it would unduly delay and extend the length of the hearing of the Application which has already been scheduled. I also note that the individual respondent, who has retained counsel does not appear to be involved in the new allegations. In these circumstances, I decline to amend the current Application to include the new allegations that the applicant was reprised against when he was denied various positions because it would not be fair, just and expeditious to do so.
ORDER
5The applicant’s Request to amend is dismissed.
Dated at Toronto, this 24th day of August, 2015.
“Signed by”
Geneviève Debané
Vice-chair