Numekevor v. ADT Security Services Canada Inc., 2015 HRTO 581

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Atsu Numekevor Applicant

-and-

ADT Security Services Canada Inc. Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: May 6, 2015 Citation: 2015 HRTO 581 Indexed as: Numekevor v. ADT Security Services Canada Inc.

WRITTEN SUBMISSIONS

Atsu Numekevor, Applicant Self-represented

Erin Kuzz, ADT Security Services Canada Inc., Respondent Counsel

INTRODUCTION

1This Application alleges discrimination with respect to employment because of race and colour contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The applicant requests that he be allowed to amend his Application to include a new allegation of reprisal and to add three additional parties.

3The respondent filed a response to the applicant’s requests.

Request to Amend Application

4In 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. See, for example, 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.

5With respect to the timing of the requests alone, the hearing is not yet scheduled and I do not find it prejudicial to allow amendments to the Application at this stage. In addition, the respondent consents to the amendment.

6The request to add the ground of reprisal is allowed given the timing and the lack of objection from the respondent.

Request to Add Parties

7The applicant’s request to add parties appears to have been framed as a desire to have three close friends attend mediation with him so that he had extra sets of ears so that he did not miss or misunderstand anything, and so that he had moral support.

8The mediation has taken place and the request for these parties to attend the mediation is no longer relevant.

9If the applicant’s request was intended to include a request that these individuals provide him with moral support during any hearing, there is nothing to prevent that except if these individuals are witnesses. If they are not witnesses, they can attend the hearing with the applicant. If they are witnesses, they can be in the hearing room only after they have given their evidence. In order to attend the hearing and provide moral support, they do not need to be added as parties, and I decline to add them.

order

10The applicant is permitted to file an amended Application to add the ground of reprisal within 14 days of the date of this Interim Decision.

11The respondents shall be permitted to file an amended Response within 28 days of the filing of the amended Application.

12The applicant shall be permitted to file an amended Reply within 14 days of the date of the filing of the amended Response.