HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Emina Jean
Applicant
-and-
Seneca College and Humber Community Seniors Services
Respondents
INTERIM DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Jean v. Seneca College and Humber Community Seniors Services
WRITTEN SUBMISSIONS
Emina Jean, Applicant
Kevin Sambrano, Paralegal
Introduction
1This Application, filed September 24, 2015, alleges discrimination based on ancestry and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2Seneca College filed its Response on November 6, 2015 and Humber Community Senior Services filed its Response On November 16, 2015.
3On December 23, 2015 the applicant filed a Request for an Order During Proceedings ("RFOP") asking the Tribunal to allow her to amend the Application in the following manner:
a. Add the grounds of discrimination based on race, colour and place of origin;
b. Add the ground of reprisal;
c. Amend section 6 of the Application to reflect discrimination in Goods, Services and Facilities;
d. Amend section 8 of the Application with a new narrative;
e. Amend the monetary compensation in section 10 of the Application to $50,000.00 for injury to dignity, feelings and self-respect, $5,000.00 for loss of income and reimbursement for out-of-pocket medical expenses;
f. Add non-monetary remedies: mandatory Human Rights Training for Seetema Kartick and Cecilia Cort Humber Community Seniors Services to develop and undate its human rights policy; a letter of apology; and, Humber Community Seniors Services to provide a letter of reference for the applicant.
4The applicant submits that at the time she filed her Application she was unrepresented, however, she has recently obtained legal representation to assist her with respect to this matter.
5The respondents have not responded to the RFOP.
Analysis and Decision
6For the reasons that follow and without deciding the factual issues, I find that the applicant's request to amend the Application should be granted subject to one exception. As Cecilia Corté and Seetema Kartick are not parties to the Application the applicant cannot seek remedies as against them.
7Rule 1.7 (c) of the Tribunal's Rules of Procedure states that in order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may "allow any filing to be amended".
8In determining requests to amend applications filed under section 34 of the Code, 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 Dube v. Canadian Career College, 2008 HRTO 336; Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926; and, Dunford v. Holiday Ford Sales, 2009 HRTO 1563.
9I am satisfied that the applicant should be permitted to amend the Application as requested, subject to the exception noted above, and to file a new narrative. It seems the original Application was filed by the applicant without the assistance of a legal representative. The matter is still in the early stages of the Tribunal's process and the original Application was filed only about three and half months earlier. No mediation or hearing date has been scheduled. The additional details provide further clarity and information regarding the applicant's case and do not appear to raise new issues distinct from the original concerns highlighted in the Application. The respondents have not asserted any prejudice.
Order
10The Tribunal orders as follows:
The Response is amended by adding adding the new narrative;
Section 5 of the Application is amended by adding the grounds of race, colour, place of origin and reprisal;
Section 6 of the Application is amended to reflect discrimination in Goods, Services and Facilities;
Section 10 of the Application is amended by adding the following remedies: $50,000.00 for injury to dignity, feelings and self-respect; $5,000.00 for loss income; reimbursement of out of pocket expenses; the respondent Humber Community Seniors Services develop and update its human rights policy; and, Humber Community Seniors Services provide a letter of reference for the applicant.
Within 20 days of this Interim Decision, the respondents may each file amended Responses.
11I am not seized of this matter.
Dated at Toronto, this 18th day of January, 2016.
"Signed By"
Keith Brennenstuhl
Vice-chair