Katherine Winchur v. S&P Data, 2015 HRTO 1185

Human Rights Tribunal of Ontario

B E T W E E N:

Katherine Winchur

Applicant

-and-

S&P Data

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: September 8, 2015

Citation: 2015 HRTO 1185

Indexed as: Winchur v. S&P Data

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 applicant filed a Request for Order During Proceedings (“RFOP”) seeking to amend her Application. The applicant sent the RFOP to the respondent before the Response was filed.

3The respondent did not file a Response to the RFOP, but did file a Response to the Application. It is unclear whether or not the Response is responsive to the amendments the applicant set out in the RFOP.

4In 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, Wozenilek v. 7-Eleven Canada Inc. 2009 HRTO 926 and Wang v. Hilton Toronto, 2015 HRTO 1131. The Tribunal has generally granted requests to amend when requested to do so. See Fernando v. Metro Toronto Convention Centre Corporation, 2014 HRTO 1140.

5The RFOP to amend the Application was filed at an early stage of the Tribunal’s process, with the amendments clearly set out, and the respondent does not appear to oppose it. Some of the requested amendments include amendments to the remedies requested.

6In these circumstances, the applicant’s request to amend her Application is granted.

7I am not seized with this matter.