Sandra Vey v. Pediatric Oncology Group of Ontario, 2016 HRTO 625

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra Vey

Applicant

-and-

Pediatric Oncology Group of Ontario

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: May 10, 2016

Citation: 2016 HRTO 625

Indexed as: Vey v. Pediatric Oncology Group of Ontario

WRITTEN SUBMISSIONS

Sandra Vey, Applicant

Cedric Lamarche, Counsel

Pediatric Oncology Group of Ontario, Respondent

Margot Blight, Counsel

Introduction

1This Interim Decision addresses the applicant’s Form 10 Request for an Order During Proceedings that requests that she be permitted to amend her Application to include that she was discriminated against on the basis of marital status and on the basis of her association with a person with a disability.

2The hearing in this matter is set for August 30 and 31, 2016.

3The applicant attached to her Form 10 Request for an Order During Proceedings her amended Application.

4The respondent consents to the amendments.

5The requested amendments are permitted in accordance with the test in Wozenilek v. 7-Eleven, 2009 HRTO 926, by “taking into account the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice.” There is no prejudice to the respondent as it consents to the amendments. It also is still three months until the scheduled hearing, and the amendments are not extensive.

order and next steps

6The Tribunal orders:

a. the applicant’s request to amend her Application to add the grounds of marital status and association with a person with a disability is granted;

b. the applicant’s amended Application will be in the form attached to the Form 10 Request for an Order During Proceedings, and the applicant need not file another;

c. within 14 days of the date of this Interim Decision, the respondent shall deliver to the applicant and file with the Tribunal along with a Form 23 Statement of Delivery, its amended Response.

7I am not seized.