Mozafarian v. Saint Elizabeth Health Care, 2015 HRTO 457

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Farah Mozafarian Applicant

-and-

Saint Elizabeth Health Care, Cristina Gavrila, Liliana Canadic, Denise Hayes, Frances Lesick, Margaret Tayler and Lisa Membrere Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: April 8, 2015

Citation: 2015 HRTO 457

Indexed as: Mozafarian v. Saint Elizabeth Health Care

WRITTEN SUBMISSIONS

Farah Mozafarian, Applicant

Self-represented

Saint Elizabeth Health Care, Cristina Gavrila, Liliana Canadic, Denise Hayes, Frances Lesick, Margaret Tayler and Lisa Membrere, Respondents

André Nowakowski, Counsel

1This Interim Decision addresses the applicant’s request to amend her Application.

2By Application filed June 4, 2014, the applicant alleges that the respondents discriminated against her in employment because of race, place of origin, ethnic origin, creed and reprisal or threat of reprisal.

3By Request for an Order during Proceedings (“RFOP”) filed October 30, 2014, the applicant sought to amend her Application to provide information about her termination of employment and her interactions with Service Canada.

4The respondents do not oppose the applicant’s request to amend the Application but they do not concede that the amendment and the documentation provided with the RFOP are relevant.

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, Dube v. Canadian Career College, 2008 HRTO 336; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

6Having considered these factors, and the fact that the respondents do not oppose the request, I grant the applicant’s request to amend the Application.

order

7The applicant’s request to amend the Application is granted. The Application is amended to include the additional facts set out in the October 30, 2014 RFOP.

8The respondents may file an amended Response by May 4, 2015.