HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ting (Cecilia) Zhang
Applicant
-and-
Nordstrom Canada Retail Inc.
Respondent
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Zhang v. Nordstrom Canada Retail Inc.
WRITTEN SUBMISSIONS
Ting (Cecilia) Zhang, Applicant
Dylan McGuinty, Counsel
1The purpose of this Interim Decision is to address the applicant’s request to amend her Application.
2The applicant filed an Application alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, the applicant alleged that the respondent failed to accommodate her pregnancy and terminated her employment because of her pregnancy, language, and citizenship.
3The applicant requested to amend three paragraphs of her Application to clarify her pleadings and to “uphold the highest standards of professionalism and good faith”. Her counsel admitted that two of the paragraphs were the result of overzealous advocacy.
4The respondent did not respond to the applicant’s request and the time for doing so has passed.
5I find it appropriate to grant the amendments requested by the applicant as it is important to ensure accuracy in pleadings before the Tribunal.
ORDER
6For the above reasons, the Application is amended as follows:
a. Paragraphs 98 and 183 are struck; and
b. All claims in the Application regarding “frog marching” are amended to include the caveat that frog marching does not necessarily include pinning a person’s arms behind them and pushing them from behind.
7I am not seized of this matter.
Dated at Toronto, this 30th day of August, 2017.
“Signed By”
Jo-Anne Pickel
Vice-chair