Given v. Lincoln Leapers Corporation, 2016 HRTO 1397

Human Rights Tribunal of Ontario

B E T W E E N:

Eilea Given Applicant

-and-

Lincoln Leapers Corporation Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: October 27, 2016 Citation: 2016 HRTO 1397 Indexed as: Given v. Lincoln Leapers Corporation

WRITTEN SUBMISSIONS

Eilea Given, Applicant Self-represented

Lincoln Leapers Corporation, Respondent Richard Simmons, Counsel

Introduction

1This Application alleges discrimination with respect to membership in a vocational association because of sex, family status and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In particular, the applicant alleges that the respondent discriminated, harassed and reprised against her in the way that it handled her sexual harassment complaint.

2The Application is proceeding to a hearing on November 21 and 22, 2016.

3On October 4, 2016, the applicant filed a Request for Order During Proceedings seeking to add allegations of reprisal against the Ontario Rope Skipping Organization and its president. The respondent opposes the amendment request.

Analysis

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 applicant’s request to amend the Application is denied for the following reasons. One, the Ontario Rope Skipping Organization and its president are not parties to this proceeding. The proposed amendments would result in them being added as parties. This would necessitate an adjournment of the hearing scheduled for November 21 and 22, 2016, in order to allow them the opportunity to respond to the allegations. Two, the named respondent in this matter cannot respond to allegations against a separate entity. Three, the allegations of reprisal allegedly took place in March and May 2015 and February 2016. The applicant has provided no explanation for her delay in seeking to add the Ontario Rope Skipping Organization and its president as parties in this proceeding. It is simply too late in the process to add new allegations against new parties.

Order

6The applicant’s request to amend the Application is denied.

Next Steps

7In preparation for the hearing on November 21 and 22, 2016, the parties are directed to do the following.

8By November 4, 2016, the respondent must provide its arguably relevant documents to the applicant and indicate which documents it is relying upon at the hearing. The respondent must file copies of the documents it intends to rely upon at the hearing with the Tribunal. The respondent must also file revised will say statements of the witnesses it intends to call at the hearing.

9By November 4, 2016, the parties must advise the Tribunal whether they wish to convert the hearing dates of November 21 and 22, 2016 to mediation/adjudication.

10If the parties wish the Tribunal’s assistance in trying to resolve the matter before the scheduled hearing, they must provide a signed Mediation/Adjudication Agreement by November 4, 2016.