Cross v. Starr Gymnastics & Fitness, 2016 HRTO 1195

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kelsey Anne Cross Applicant

-and-

Starr Gymnastics & Fitness (155182 Canada Inc.) Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: September 12, 2016 Citation: 2016 HRTO 1195 Indexed as: Cross v. Starr Gymnastics & Fitness

WRITTEN SUBMISSIONS

Kelsey Anne Cross, Applicant Chantel Tie, Counsel

Starr Gymnastics & Fitness (155182 Canada Inc.), Respondent Christopher Rutherford, Counsel

Introduction

1This Interim Decision addresses the applicant’s Request for an Order During Proceedings (“Request”) to amend her Application. The applicant is seeking to amend the remedies sought to add a claim for $25,000 in general damages and a claim for pre- and post-judgment interest.

2The respondent has indicated that it takes no position on this Request.

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 applicant’s request to amend the Application. The applicant is not seeking to add new grounds of discrimination or add new parties. Remedies are awarded by the Tribunal after a finding of discrimination and after hearing submissions on appropriate remedies. I find that there is not prejudice to the respondent in granting this amendment.

ORDER

5The Application is amended to include $25,000 in general damages and pre- and post-judgement interest to the requested remedies.

6I am not seized.