Nan Qiu v. 2076831 Ontario Ltd. o/a Redline Auto Sales and Sergey Barandich, 2016 HRTO 1690

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nan Qiu

Applicant

-and-

2076831 Ontario Ltd. o/a Redline Auto Sales and Sergey Barandich

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: December 29, 2016

Citation: 2016 HRTO 1690

Indexed as: Qiu v. 2076831 Ontario Ltd.

WRITTEN SUBMISSIONS

Nan Qiu, Applicant

Brenda Culbert, Counsel

Introduction

1This Interim Decision addresses the applicant’s request to amend her Application.

2In her Application, the applicant alleged that she was discriminated against in employment contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended.

3By Request for Order During Proceedings (“RFOP”), the applicant’s newly retained counsel sought to amend her Application in two ways. The applicant requested that the name of the corporate respondent be amended. She also sought to add the social area of “goods services and facilities” to the Application.

4The respondent did not respond to the RFOP and the time for doing so has passed.

findings

5In 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; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

6Having considered the factors set out above, I grant the applicant’s request to amend the Application. The amendment to the corporate respondent’s name appears to correct the name to the proper name that was located as a result of a corporate search. The applicant maintains that her relationship to the respondent falls under the social ground of employment. Nevertheless, she sought to add the social area of “goods, services and facilities” out of an abundance of caution. I find that the addition of this social area is appropriate and the addition of this social area causes no prejudice to the respondents.

Order

7For the reasons set out above, the Tribunal orders as follows:

a. The applicant’s request to amend her Application to amend the corporate respondent’s name to 2076831 Ontario Ltd. o/a Redline Auto Sales is granted. The style of cause is amended accordingly.

b. The applicant’s request to add the social area of “goods, services and facilities” to her Application is granted.

8I am not seized.