Gordon v. Kensington Gardens, 2017 HRTO 1068

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zandrene Gordon

Applicant

-and-

Kensington Gardens

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: August 16, 2017

Citation: 2017 HRTO 1068

Indexed as: Gordon v. Kensington Gardens

WRITTEN SUBMISSIONS

Zandrene Gordon, Applicant

Self-represented

1This Interim Decision addresses the applicant’s request to amend her Application.

2The applicant filed an Application alleging discrimination because of race, colour, place of origin and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

3By Request for Order During Proceedings (“RFOP”) filed on July 10, 2017, the applicant sought to amend the Application to add a new incident of alleged discrimination that occurred after the Application was filed. She alleged that the respondent sent her to the laundry to fold three boxes of heavy drapes. She claims that this incident was either discriminatory or amounted to reprisal.

4The respondent did not respond to the applicant’s RFOP and the time for doing so has passed.

decision

5In 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, and Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

6Having considered the factors set out above, I grant the applicant’s request to amend the Application to add the incident set out in her July 10, 2017 RFOP.

order

7For the reasons set out above, the Tribunal orders as follows:

a. the applicant’s request to amend the Application is granted;

b. the Application is amended to include the allegation contained in the applicant’s July 10, 2017 RFOP;

c. the respondent may file an amended Response to the amendments made to the Application within 14 days of the date of this Interim Decision; however, the respondent is not required to do so and may simply address the additional allegation at the hearing; and

d. the applicant may file an amended Reply to any amendments that are made to the Response within 14 days of receiving any amended Response.