HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Simone Harris
Applicant
-and-
2285962 Ontario Ltd. o/a Osmow’s Grill and Stevens Resource Group Inc.
Respondents
INTERIM DECISION
Adjudicator: Maureen Doyle
Indexed as: Harris v. 2285962 Ontario Ltd. o/a Osmow’s Grill and Stevens Resouce Group Inc
WRITTEN SUBMISSIONS
Simone Harris, Applicant
Marisa Scotto di Luzio, Counsel
2285962 Ontario Ltd. o/a Osmow’s Grill, Respondent
No submisisons Choose an item.
Stevens Resource Group Inc., Respondent
No submissions Choose an item.
Introduction
1This Interim Decision addresses the applicant’s Requests for Order During Proceedings (RFOPs) dated May 11, 2016 and May 18, 2015. In the first, the applicant seeks to amend the names of the respondents. In the second, she seeks to amend the remedies she seeks in her Application.
2The respondents have not filed a Response to either RFOP.
Names of Respondents
3The applicant submits that when she originally drafted the Application, naming the respondents as “Osmow’s Restaurant” and “SRG (Stevens Resource Group)”, she was self-represented.
4In the Responses filed in this matter, the respective respondents have identified themselves as “2285962 Ontario Ltd. o/a Osmow’s Grill” and “Stevens Resource Group Inc. (SRG)”.
5Corporate searches subsequently conducted by her counsel indicate that the legal names of the respondents are, respectively: 2285962 Ontario Ltd. o/a Osmow’s Grill and; Stevens Resource Group Inc.
6The applicant seeks to amend the Application by way of amending the names of the respondents to reflect their correct legal names. She submits that she seeks this amendment in order to permit her to enforce any remedy which the Tribunal may order against the respondents.
7The respondents have made no objection to these amendments. There is no evidence of any prejudice to either respondent in granting the applicant’s request to amend the Application so as to reflect their correct legal names as respondents. This amendment will cause no delay in these proceedings. Accordingly, the applicant’s RFOP of May 11, 2016 is granted and the title of proceedings is amended.
Amendment to Remedy Sought
8As noted above, at the time of drafting this Application, the applicant did not have legal counsel. She indicates that she was unaware of the possibility of seeking “public interest remedies”. In her RFOP of May 18, 2016, she seeks to add the following remedies:
a. The managers and owners of the Respondents (including Kashmira Kennedy and Heather Horning) be ordered to complete the Human Rights 101 e-learning module by the Ontario Human Rights Commission and provide confirmation of this to the Applicant
b. The Respondents are to retain the services of a human rights consultant to develop a human rights policy and complaint mechanism, and provide confirmation of this to the Applicant.
9The applicant submits that that such an amendment would not cause prejudice to the respondents nor would it violate principles of natural justice. The applicant submits that it does not represent a change to the underlying facts pled, nor does it seek to amend or add new allegations in such a way as to require the respondents to file new Responses. She submits that it would not prolong or impact the hearing in any significant way.
10The remedies sought by the applicant would be potentially available to the applicant should the Tribunal find that the Respondents violated the Code. They do not contemplate further or additional allegations and would not be expected to have a significant impact on the course of the hearing into this matter. Accordingly, the applicant’s request to amend her Application in respect of the remedies sought, as detailed above at paragraph 8, is granted.
ORDERS:
11The Tribunal directs as follows:
The names of the respondents are amended so as to reflect their correct legal names, as in paragraph 5 above, and the title of proceedings is accordingly amended;
The Application is amended so as to include the remedies sought as described in paragraph 8 above.
12I am not seized.
Dated at Toronto, this 16th day of June, 2016
“Signed By”
Maureen Doyle
Vice-chair