Human Rights Tribunal of Ontario
B E T W E E N:
Deborah Baker
Applicant
-and-
Sault College, Her Majesty the Queen in Right of Ontario as represented by the Ministry of Advanced Education and Skills Development, and Ontario College of Trades
Respondents
INTERIM DECISION
Adjudicator: David Muir Date: December 7, 2016 Citation: 2016 HRTO 1578 Indexed as: Baker v. Sault College
WRITTEN SUBMISSIONS
Deborah Marion Baker, Applicant Mindy Noble, Counsel
Sault College, Respondent Nadina S. Zacks, Counsel
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Advanced Education and Skills Development, Respondent Fatema Dada, Counsel
Ontario College of Trades, Respondent Nicole McAuley, Counsel
1This Application alleges discrimination in employment on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
2This Application was filed on September 11, 2015.
3The applicant filed a Request for Order During Proceeding (Request) on July 28, 2016. In her Request the applicant sought the addition of two respondents; the amendment of the Application to include the social area of goods and services; and to add allegations in relation to the additional respondents and the new social area identified.
4The Requests are all granted.
5Although the Application was filed over a year ago, for various reasons it remains at an early stage in the process. Mediation has not taken place. The applicant has also retained counsel and as a result the issues in the case now being more closely defined. Importantly, the proposed new respondents do not object to being added to the Application. In all of the circumstances, it appears appropriate to add the two proposed respondents, who on the face of it, appear to be implicated in the allegations of the applicant.
6Similarly at this early stage of the process it appears appropriate to allow the amendment of the Application to include the new social area of goods and services and the new allegations in relation to this social area and the added respondents.
7The respondents are entitled to respond to the Application. For the respondent Ministry of Advanced Education and Training (“Ministry”) and the Ontario College of Trades (“College of Trades”), a full Response (Form 2) must be filed within 35 days of the date of this Interim Decision. The Respondent Sault College may, if it wishes to do so, file an amended Response before the same deadline.
Orders
8The Tribunal makes the following Orders:
a. The requests to amend the Application as set out in the applicant’s Request filed on or about July 27, 2016 are granted and the title of proceedings amended accordingly.
b. The respondents Ministry and College of Trades shall deliver and file a full Response (Form 2) within 35 days of the date of this Interim Decision.
c. The respondent Sault College may deliver and file an amended Response within 35 days of the date of this Interim Decision.
9I am not seized of this case.
Dated at Toronto, this 7th day of December, 2016.
“Signed by”
David Muir
Vice-chair```