HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
William Miller
Applicant
-and-
Centric Health Surgical Centre
Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Miller v. Centric Health Surgical Centre
WRITTEN SUBMISSIONS
Centric Health Corporation, Respondent
Shane D. Todd, Counsel
1On September 1, 2017, the respondent filed a Request for an Order During Proceedings (“RFOP”) to amend its Response. The applicant did not file a Response to the RFOP, and the time for doing so has now passed.
2In determining a request to amend a pleading, the Tribunal will consider a number of factors, including the nature of the requested amendment, the conduct of the party seeking the amendment, the prejudice to the other parties, and the impact on the course of the hearing. See Boldt-Macpherson v. The Hoita Kokoro Centre et al, 2008 HRTO 16; Dube v. Canadian Career College, 2008 HRTO 336; Wozeilek v. 7-Eleven Canada, 2009 HRTO 926; and Dunford v. Holiday Ford Sales, 2009 HRTO 1563.
3The respondent’s request is granted. The original Response was incomplete, the respondent did not have counsel when it filed its original Response, the applicant has not identified any prejudice that would result to him if the request is granted, and I do not believe that granting the amendment will significantly complicate or lengthen the hearing scheduled for March 5, 2018 (in fact, it will clarify the issues to be decided).
4The Tribunal therefore makes the following orders:
The respondent’s Request to amend its Response is granted.
Within 14 days of the date of this Interim Decision, the applicant may file a Reply to the amended Response.
5I am not seized of this matter.
Dated at Toronto, this 6th day of October, 2017.
“Signed by”
Ken Bhattacharjee
Vice-chair