E.J. v. Toronto District School Board, 2016 HRTO 1028

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

E.J.

Applicant

-and-

Toronto District School Board and Toronto Student Transportation Group

Respondents

A N D B E T W E E N:

C.J. by her litigation guardian E.J.

Applicant

-and-

Toronto District School Board and Toronto Student Transportation Group

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: August 3, 2016

Citation: 2016 HRTO 1028

Indexed as: E.J. v. Toronto District School Board

WRITTEN SUBMISSIONS

E.J. and C.J., as represented by her litigation guardian E.J., Applicants

Grace Vaccarelli, Counsel

Toronto District School Board, Respondent

Lauri Reesor, Counsel

Stock Transportation, Respondent

Karen R. Bock, Counsel

Introduction

1This Interim Decision addresses the applicants’ Request for an Order During Proceedings (“RFOP”) to amend their Applications. The applicants are seeking to amend their remedies to add a claim for general damages as compensation for the injury to dignity, feelings and self-respect in the amount of $15,000.

2The respondents take no position on this RFOP. They state that the remedy to be awarded after a finding of liability is at the discretion of the Tribunal and the Tribunal is not bound by the request set out in the Applications.

3In 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, Odell v. TTC, [2001] OHRBID No. 2; Dube v. Canadian Career College, 2008 HRTO 336; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

4Having considered these factors, I grant the applicants’ request to amend the Application. The applicants are not seeking to add new grounds of discrimination or add new parties. They are not seeking to withdraw or alter admissions made in the original Applications. I see no prejudice to the respondents in allowing this amendment.

ORDER

5The Applications are amended to include the additional claim for general damages as compensation for the injury to dignity, feelings and self-respect in the amount of $15,000.