Horoky v. Vancouver Career College (Burnaby) Inc., 2016 HRTO 45

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Horoky

Applicant

-and-

Vancouver Career College (Burnaby) Inc., Ron Clark and Guy Kasweka

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: January 12, 2016

Citation: 2016 HRTO 45

Indexed as: Horoky v. Vancouver Career College (Bumaby) Inc.

WRITTEN SUBMISSIONS

Michael Horoky, Applicant

Self-represented

1This Application alleges discrimination with respect to services because of citizenship, gender identity, marital status and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing into this matter is scheduled for March16, 2016.

2On December 17, 2015, the applicant filed a Request for Order During Proceedings (“RFOP”) seeking leave to amend the Application. The applicant asks that the Application be amended by increasing his claim for monetary compensation from $1200.00 to $1500.00 in general damages. The respondents have not responded to the RFOP and the time for doing so has now expired.

3In Aubin v. Sudbury Sexual Assault Crisis Centre, 2011 HRTO 1281 the Tribunal held it will consider the following factors when determining whether to grant an amendment:

a. The nature of the proposed amendment;

b. The reason for the amendment;

c. The timing of the amendment; and,

d. The prejudice to the respondents.

e.

4The applicant indicates that he was not able to obtain legal advice until after he submitted his Application. He is not submitting any additional facts or allegations.

5The respondents were put on notice that the applicant was seeking compensation in the Application. This amendment is allowed. There is no prejudice to the respondents arising from the amendment as the hearing date is over 2 months away. The applicant’s entitlement to monetary compensation will be determined at the hearing in this matter.

order

6The applicant’s request to amend the Application by increasing the monetary compensation sought to $1,500.00 general damages is allowed. The applicant’s entitlement to this compensation will be determined at the hearing.

7I am not seized of this matter.