Andrea Christine Hawdon v. Sokoloff Lawyers and Wendy Sokoloff, 2016 HRTO 815

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrea Christine Hawdon Applicant

-and-

Sokoloff Lawyers and Wendy Sokoloff Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: June 16, 2016 Citation: 2016 HRTO 815 Indexed as: Hawdon v. Sokoloff Lawyers

WRITTEN SUBMISSIONS

Andrea Christine Hawdon, Applicant

Wade Poziomka, Counsel

Introduction

1This is an Application under the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended. This Interim Decision addresses the applicant’s Request for an Order During Proceedings (“Request”) to amend her Application, as well as a request for an extension of time to file documents from all parties.

Request to Amend Application

2The 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, general and special damages; is adding reinstatement to her former employment; and human rights training for the respondents to her list of remedies.

3The respondent has not responded to the Request and the time for doing so has passed.

4In 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.

5Having 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. I find that there is no prejudice to the respondents in granting this amendment.

Extension of time to File Documents and Witness Statements

6The hearing of the merits of this Application is scheduled for July 27 and 28, 2016, in Toronto. In the Notice of Hearing, the Tribunal directed the parties to prepare a list of all documents they intend to rely on at the hearing and to serve and file the list and copies of each document along with witness statements by June 13, 2016.

7On June 13, 2016, the parties made a joint request for an extension of time to serve and file these documents to June 27, 2016.

8The Tribunal grants the extension.

ORDER

9The Tribunal orders the following:

1. The Application is amended to include the additional remedies set out in the Schedule A attached to the Request for Order During Proceedings filed by the applicant on March 4, 2016.
2. The parties shall serve and file the documents they intend to rely on at the hearing and their witness statements on or before June 27, 2016.
3. A copy of this decision shall be delivered to the applicant’s new counsel as indicated in her former counsel’s correspondence of April 12, 2016.