Sergio Sanchez v. The Corporation of the City of Barrie, 2016 HRTO 1384

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sergio Sanchez

Applicant

-and-

The Corporation of the City of Barrie

Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: October 25, 2016

Citation: 2016 HRTO 1384

Indexed as: Sanchez v. Barrie (City)

WRITTEN SUBMISSIONS

Sergio Sanchez, Applicant

Self-represented

The Corporation of the City of Barrie, Respondent

No one appearing

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

2On September 22, 2016, the applicant filed a Request for an Order During Proceedings in which he requests an amendment to the Application to include prohibited grounds of discrimination of place of origin, citizenship and ethnic origin. The respondent did not file a response to this request and the time for doing so has passed.

3The applicant submitted that the Application alleges that he was demoted because he does not have a Canadian grade twelve education, but he neglected to identify place of origin, citizenship and ethnic origin as Code grounds on which he relies.

4In 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, and Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

5The respondent has not opposed the request or identified any prejudice to it if the request is granted. The applicant does not seek to add new factual allegations. Rather, the applicant simply wishes to include Code grounds that appear to be related to his allegations. In these circumstances, I am satisfied that the applicant’s request to amend the Application should be granted.

Order:

6The Application is amended to include the prohibited grounds of discrimination of place of origin, citizenship and ethnic origin.