Lawrence v. Grogan Ford Lincoln Inc., 2017 HRTO 1249

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Lawrence

Applicant

-and-

Grogan Ford Lincoln Inc.

Respondent

INTERIM DECISION

Adjudicator: Yasmeena Mohamed

Date: September 22, 2017

Citation: 2017 HRTO 1249

Indexed as: Lawrence v. Grogan Ford Lincoln Inc.

WRITTEN SUBMISSIONS

William Lawrence, Applicant

Ronald Rybowski, Counsel

Grogan Ford Lincoln Inc., Respondent

Phillip Millar, Counsel

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

2The applicant filed an Application alleging discrimination with respect to employment because of age contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, the applicant alleged that respondent terminated his employment because he was too old to perform his job duties.

3On June 7, 2017, the applicant sought to amend the Application to add disability as an additional ground of discrimination. The applicant alleges that he had suffered a workplace accident on December 28, 2016, which left him partially disabled. After the applicant completed and filed his WSIB claim, the respondent terminated his employment without cause.

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 the factors set out above, I grant the applicant’s request to amend the Application. The applicant alleges that he was terminated without cause after he suffered a workplace injury and filed a WSIB claim. The applicant appears to be alleging that disability was at least one of the respondent’s reasons for terminating his employment. At this early stage of the proceeding, it appears that the ground of disability is connected to the allegations set out in the Application. I find it is appropriate to allow the applicant to add disability as a ground of discrimination in the Application. As noted, the Application is at an early stage and I find that the respondent would experience no prejudice if the amendment is permitted.

6For 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 disability as a ground of discrimination;

c. the respondent may file an amended Response to the amendment made to the Application within 14 days of the date of this Interim Decision; and

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