Donna Knight v. Ken Shaw Lexus Toyota and Shaw Automotive Group, 2016 HRTO 76

Human Rights Tribunal of Ontario

B E T W E E N:

Donna Knight Applicant

-and-

Ken Shaw Lexus Toyota and Shaw Automotive Group Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: January 19, 2016 Citation: 2016 HRTO 76 Indexed as: Knight v. Ken Shaw Lexus Toyota

WRITTEN SUBMISSIONS

Donna Knight, Applicant Michael Stitz, Counsel

Ken Shaw Lexus Toyota and Shaw Automotive Group, Respondents Chris Dockrill, Counsel

Introduction

1This Interim Decision addresses the Request for an Order During Proceedings (“RFOP”) to amend her Application. The applicant is seeking to amend her remedies by increasing and further particularizing her claim for monetary compensation for the injury to her dignity, feelings and self-respect and for her lost opportunity.

2The respondents oppose the request “to the extent that it seeks to withdraw or alter admissions made in the original Application”.

3In 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.

4Having considered these factors, I grant the applicant’s request to amend the Application. The applicant is not seeking to add new grounds of discrimination or add new parties. She is not seeking to withdraw or alter admissions made in the original Application which the respondent opposes.

ORDER

1. The Application is amended to include the additional remedies set out in the October 5, 2015 RFOP.

5I am not seized.