HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Touria Aziz
Applicant
-and-
Les Centres d’Accueil Héritage
Respondent
DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Aziz v. Les Centres d’Accueil Héritage
WRITTEN SUBMISSIONS
Touria Aziz, Applicant
Self-represented
Les Centres d’Accueil Héritage, Respondent
Christian Paquette, Counsel
1This Interim Decision addresses the applicant’s request to amend her Application.
2The applicant filed an Application alleging discrimination because of place of origin, disability, family status and age contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, the applicant alleged that the various members of the respondent’s management discriminated against her and harassed her in the performance of her work.
3By Request for Order During Proceedings (“RFOP”) filed on June 2, 2017, the applicant sought to amend the Application to add an allegation that the respondent discriminated against her because of her creed when the respondent refused to let her take three days off to celebrate the end of Ramadan with her family. This refusal allegedly took place on or around June 20, 2016.
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; 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. The request was not opposed by the respondent. The allegation is timely and in my view the addition of this allegation will not substantially lengthen the hearing in this case.
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 June 2, 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.
Dated at Toronto, this 22nd day of August, 2017.
“Signed by”
Jo-Anne Pickel
Vice-chair