Amyn Ali v. Just Energy Corp., 2016 HRTO 819

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amyn Ali Applicant

-and-

Just Energy Corp. Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: June 16, 2016 Citation: 2016 HRTO 819 Indexed as: Ali v. Just Energy Corp.

WRITTEN SUBMISSIONS

Amyn Ali, Applicant Grace Vaccarelli, Counsel

Just Energy Corp., Respondent Grace Silvestre, Representative

Introduction

1This Interim Decision addresses the applicant’s Form 10 Request for an Order During Proceedings (“request”) requesting he be permitted to amend his Application to include the additional information set out in the request.

2The Tribunal directed that a summary hearing be held in this matter, but it has not yet been scheduled.

3The respondent objects to the applicant’s request. Its primary objections are that the applicant had representation when he filed the Application; that the Application has no reasonable prospect of success because what the applicant alleges may have been unfair but does not constitute discrimination; and that the applicant should not be permitted to amend his Application at this late stage of the proceedings.

analysis and decision

4The amendments are permitted in accordance with the test in Wozenilek v. 7-Eleven, 2009 HRTO 926, by “taking into account the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice.”

5The amendments clarify the applicant’s original allegations. The request is made at an early stage of the proceedings. There is no prejudice to the respondent that cannot be ameliorated by permitting it to file an amended Response if it wishes to do so.

order and next steps

6The Tribunal orders:

a. the applicant’s request to amend his Application to add the information in the request is granted;

b. by no later than June 29, 2016 the applicant shall deliver to the respondent and file with the Tribunal an amended Application along with a Form 23 Statement of Delivery;

c. by no later than July 12, 2016 the respondent shall deliver to the applicant and file with the Tribunal its amended Response along with a Form 23 Statement of Delivery;

d. by no later than July 26, 2016 the applicant may deliver to the respondent and file with the Tribunal any Reply along with a Form 23 Statement of Delivery;

e. the summary hearing will proceed after the amended pleadings are filed with the Tribunal, and the Tribunal will deliver to the parties a notice of summary hearing in due course.

7I am not seized.