Toledo v. Mexitaco, 2015 HRTO 966

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nelly Angeles Toledo

Applicant

-and-

Mexitaco

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: July 21, 2015

Citation: 2015 HRTO 966

Indexed as: Toledo v. Mexitaco

WRITTEN SUBMISSIONS

Nelly Angeles Toledo, Applicant

Self-represented

1The applicant filed an Application alleging that the respondent discriminated against her because of sex (pregnancy) contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). This Interim Decision addresses the applicant’s request to amend her Application.

2By Request for Order During Proceedings (“RFOP”) filed May 12, 2015, the applicant sought to amend her Application. The requested amendment is in the nature of a Reply to two passages from the respondent’s Response.

3By Case Assessment Direction dated July 14, 2015, I mistakenly sought clarifications from the respondent regarding a request to amend its pleading in this case. In fact, as noted above, the request to amend was submitted by the applicant.

4The respondent did not respond to the applicant’s RFOP.

5In determining a request to amend a pleading, the Tribunal will consider a number of factors, including the nature of the requested amendment, the conduct of the party seeking the amendment, the prejudice to the other party, and the impact on the course of the hearing. See Mancebo-Munoz v. NCO Financial Services Inc., 2013 HRTO 535 and Dube v. Canadian Career College, 2008 HRTO 336.

6Having considered these factors, and in light of the lack of any objection from the respondent, the applicant’s request to amend her Application is granted.

ORDER

7The applicant’s Request is granted. The Application is amended to include the additional paragraphs contained in section 4 of the applicant’s May 12, 2015 RFOP.

8If the respondent has not already done so, it must file with the Tribunal its witness statements and copies of the documents it intends to rely upon at the hearing by 5 PM July 22, 2015.