Pamela King v. TMF Foods Ltd. and Jeff Porter, 2016 HRTO 1263

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pamela King

Applicant

-and-

TMF Foods Ltd. and Jeff Porter

Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: September 28, 2016

Citation: 2016 HRTO 1263

Indexed as: King v. TMF Foods Ltd.

WRITTEN SUBMISSIONS

Pamela King, Applicant

John Fraser, Representative

Introduction

1This Application is scheduled for a hearing on January 9, 2017.

2On July 29, 2016, the applicant filed a Request for Order During Proceedings (“RFOP”) seeking to amend the Application to: add an allegation of reprisal flowing from the termination of her employment, together with the facts in support of this claim; to change the remedies sought in the Application; and to clarify answers to a few questions in the Application.

3The respondents did not respond to the RFOP.

4When deciding 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.

5Having considered the factors set out above, I grant the applicant’s request to amend the Application. The applicant’s employment was terminated on July 26, 2016. On July 29, 2016, she brought the RFOP to amend the Application to add, among other things, the allegation of reprisal. This hearing is not scheduled until January 9, 2017. No documents have been exchanged. Therefore, I see no prejudice to granting the applicant’s request to amend the Application.

6These amendments are granted without any determination on their merits, and in the absence of any positions the respondents may wish to take on them.

order

7I make the following orders:

a. The applicant’s request to amend the Application is granted.

b. The respondents may deliver an amended Response to the amended Application by October 19, 2016;

c. The parties’ arguably relevant documents must be filed by November 9, 2016;

d. The parties’ hearing documents must be filed by November 25, 2016, as set out in the Notice of Hearing dated September 15, 2016.