Carbone v. SMS Rents, 2015 HRTO 308

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephanie Carbone

Applicant

-and-

SMS Rents

Respondent

INTERIM DECISION

Adjudicator: Eli Fellman

Date: March 12, 2015

Citation: 2015 HRTO 308

Indexed as: Carbone v. SMS Rents

WRITTEN SUBMISSIONS

Stephanie Carbone, Applicant

Self-represented

SMS Rents, Respondent

Matthew Demeo, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of sex and gender identity contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2This Interim Decision addresses the applicant's February 9, 2015 Request for an Order During Proceedings ("RFOP") asking to amend the Application.

3The Application as filed describes allegedly discriminatory conduct by various employees of the respondent starting on May 19, 2014, and ending on August 27, 2014 when the applicant's employment with the respondent was terminated. The applicant is seeking to amend the Application to include additional allegations against a different employee that took place prior to May 19, 2014, additional allegations against an employee already named in the Application, an allegation that a complaint made to the Human Resources Manager was not addressed, an allegation that the applicant was forced to perform a physically demanding task while pregnant, additional details respecting the applicant's transfer between the respondent's various locations, and additional details respecting the manner in which the applicant's employment was terminated by the respondent.

4The respondent filed a Response to the RFOP. It objects to the applicant's request because the additional allegations contained in the RFOP involve different persons and different timeframes, which are distinct in nature and character from the original Application. The respondent asserts that allowing the amendment will unduly expand the scope of the hearing, and the applicant has failed to provide a proper explanation as to why the allegations contained in the RFOP were omitted from the original Application.

5Rule 1.7(c) of the Tribunal's Rules of Procedure states that in order to provide for a fair, just and expeditious resolution of any matter before it, the Tribunal may "allow any filing to be amended".

6In considering requests to amend an application, 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, Odell v. TTC, [2001] OHRBID No. 2, Dube v. Canadian Career College, 2008 HRTO 336 ; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926 .

7Having considered these factors, I grant the applicant's request to amend the Application. Some of the new allegations contained in the RFOP are in fact particulars or details relating to general allegations contained in the original Application. Other allegations contained in the RFOP are further examples of discriminatory conduct relating to the applicant's sex and her pregnancy. The Application as filed clearly raised these grounds. With respect to the issue of the timeframe, several of the new allegations contained in RFOP appear to relate to events that occurred after February 14, 2014, when the applicant was promoted by the respondent, but prior to May 19, 2014, the date of the first allegation in the Application as filed. I do not find that expanding the scope of the hearing to include several additional months is prejudicial to the respondent, as it will be permitted file an amended Response to respond to the new allegations. I also note that the applicant's request to amend has been made relatively early in the proceeding, as a hearing has yet to be scheduled and documents have not been exchanged. Therefore, permitting the amendments will not unduly delay the proceeding.

ORDER

8The applicant's request to amend the Application is granted. The Application is amended to include the additional facts and allegations contained in the February 9, 2015 RFOP.

9The respondent may file an amended Response and/or an amended Request for a Summary Hearing within 14 days of the date of this Interim Decision.