Sharma v. Waterloo (City), 2015 HRTO 415

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rajiv Sharma Applicant

-and-

The Corporation of the City of Waterloo, Andrew Cooper and Pat Lago Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: March 30, 2015 Citation: 2015 HRTO 415 Indexed as: Sharma v. Waterloo (City)

WRITTEN SUBMISSIONS

Rajiv Sharma, Applicant Osborne Barnwell, Counsel

The Corporation of the City of Waterloo, Andrew Cooper and Pat Lago, Respondents Edward Dreyer, Counsel

Introduction

1This Application, filed on December 4, 2014 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleges discrimination on the basis of reprisal.

2On February 27, 2015, the applicant filed a Request for Order During Proceedings (“RFOP”) seeking leave to amend the Application to add further particulars regarding the alleged reprisal.

3The respondents do not oppose the request to amend the Application provided no costs are sought against them in respect of the amendment request and that they are permitted to dispute the merits of the Application, as amended.

Amending the Application

4In Aubin v. Sudbury Sexual Assault Crisis Centre, 2011 HRTO 1281, the Tribunal held it will consider the following factors when determining whether to grant an amendment:

a. The nature of the proposed amendment; b. The reason for the amendment; c. The timing of the amendment request; d. The prejudice to the respondents.

5The amendments are allowed. The amendments provide further particulars of the reprisal allegations and are sought at a very early stage in the Tribunal process. There is no prejudice to the respondents in allowing the amendments and they have advised that they do not oppose the proposed amendments.

6The Tribunal does not have jurisdiction to award costs and none will be ordered on this request. See Clennon v. Toronto East General Hospital, 2010 HRTO 506 at para. 40. The respondents will have the opportunity to dispute the amendments in its Response to the amended Application and at the hearing in this matter.

ORDERS

7The applicant’s request to amend the Application is allowed. The applicant must file an amended Application within 10 days of the date of this Interim Decision.

8The respondents must file their Response to the amended Application within 30 days of receiving the amended Application.

9As all parties agree to proceed to mediation in this matter, the Application will be placed in the mediation queue.

10I am not seized.