John Boyle v. Windsor Police Service, 2016 HRTO 1253

Human Rights Tribunal of Ontario

Between:

John Boyle Applicant

-and-

Windsor Police Service Respondent

Interim Decision

Adjudicator: Dawn J. Kershaw Date: September 27, 2016 Citation: 2016 HRTO 1253 Indexed as: Boyle v. Windsor Police Service

Written Submissions

John Boyle, Applicant Christine Lundy, Paralegal

Windsor Police Service, Respondent David M. Amyot, Counsel

Introduction

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

2This Interim Decision addresses the applicant’s Form 10 Request for an Order During Proceedings (“request”) requesting he be permitted to amend his Application to include the additional incidents set out in the request.

3The respondent agrees on the condition that it is permitted to file an amended Response, and that it be permitted to raise the issue of delay, if any, in relation to any of the incidents contained in the permitted amendments.

Analysis and Decision

4The amendments are permitted in accordance with the test in Wozenilek v. 7-Eleven, 2009 HRTO 926, by “taking into account the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice.”

5The amendments deal with incidents the applicant alleges have occurred since filing the Application. The request is made at an early stage of the proceedings, and the respondent consents. There is no prejudice to the respondent that cannot be ameliorated by permitting it to file an amended Response if it wishes to do so.

Order and Next Steps

6The Tribunal orders:

a. the applicant’s request to amend his Application to add the additional allegations in the request is granted;

b. by no later than October 11, 2016 the applicant shall deliver to the respondent and file with the Tribunal an amended Application along with a Form 23 Statement of Delivery;

c. by no later than October 25, 2016 the respondent shall deliver to the applicant and file with the Tribunal its amended Response along with a Form 23 Statement of Delivery;

d. by no later than November 8, 2016 the applicant may deliver to the respondent and file with the Tribunal any amended Reply along with a Form 23 Statement of Delivery.

7In granting the applicant’s request, the Tribunal takes no position with respect to the delay issue with respect to any of the allegations in the amended Application.

8I am not seized.