Escobido v. 1348441 Ontario Inc., 2016 HRTO 213

Human Rights Tribunal of Ontario

B E T W E E N:

Camille Escobido

Applicant

-and-

1348441 Ontario Inc. o/a Solutions Your Organized Living Store

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: February 18, 2016

Citation: 2016 HRTO 213

Indexed as: Escobido v. 1348441 Ontario Inc.

WRITTEN SUBMISSIONS

Camille Escobido, Applicant

Grace Vaccarelli, Counsel

Introduction

1By Notice of Hearing dated October 13, 2015, this Application was scheduled for a hearing on June 1 and 2, 2016.

2On January 22, 2016, the applicant filed a Request for Order During Proceedings seeking an order:

a. Amending the Application to properly identify the respondent using its correct legal name of 1348441 Ontario Inc. o/a Solutions Your Organized Living Store;

b. Directing the respondent to provide to the applicant a list of its arguably relevant documents and a copy of each document on that list.

3The respondent did not respond to the applicant’s Request.

decision

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, Dube v. Canadian Career College, 2008 HRTO 336, and Wozeilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

5The applicant’s request to amend the name of the respondent is allowed. In the Application, the applicant named Solutions Your Organized Living Store as the respondent. At the time the Application was filed, the applicant did not have legal counsel and simply used the business name of the corporation. There is no prejudice to the respondent by naming the correct corporate respondent.

6The applicant’s request for the respondent’s arguably relevant documents is also allowed. The Notice of Hearing advised the parties that their arguably relevant documents must be provided to each other by November 3, 2015. The applicant provided her arguably relevant documents to the respondent on November 4, 2015. The respondent’s arguably relevant documents have not been provided and are long overdue.

Decision

7The Application is amended and the respondent is identified as 1348441 Ontario Inc. o/a Solutions Your Organized Living Store. The style of cause has been amended accordingly.

8The respondent must provide its arguably relevant documents to the applicant within 14 days of the date of this Interim Decision.