David Belcastro v. Metrolinx, 2016 HRTO 79

Human Rights Tribunal of Ontario

B E T W E E N:

David Belcastro Applicant

-and-

Metrolinx Respondent

-and-

Amalgamated Transit Union, Local 1587 Intervenor

INTERIM DECISION

Adjudicator: Laurie Letheren Date: January 19, 2016 Citation: 2016 HRTO 79 Indexed as: Belcastro v. Metrolinx

WRITTEN SUBMISSIONS

David Belcastro, Applicant Angelo Sciacca, Counsel

Metrolinx, Respondent Daniel B. Fogel, Counsel

Amalgamated Transit Union, Local 1587, Intervenor Dean Ardron, Counsel

Introduction

1This Interim Decision addresses the applicant’s Request for an Order During Proceedings (“RFOP”) to amend his Application. The applicant is seeking to add a detail about the respondent’s alleged breach of the collective agreement and to increase the amount claimed as monetary compensation.

2The respondent consents to this RFOP. The intervenor has taken no position.

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.

ORDER

1. The Application is amended to include paragraph 24.1 to section 8 of the Application and the additional remedies as set out in the amended Application attached to the June 17, 2015 RFOP.

5I am not seized.