Dawe v. Brampton (City), 2017 HRTO 1425

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kim Dawe

Applicant

-and-

Corporation of the City of Brampton, and Antoinette Vieira

Respondents

-and-

Amalgamated Transit Union Local 1573

Intervenor

INTERIM DECISION

Adjudicator: Romona Gananathan

Date: October 27, 2017

Citation: 2017 HRTO 1425

Indexed as: Dawe v. Brampton (City)

WRITTEN SUBMISSIONS

Kim Dawe, Applicant

Ron Franklin, Counsel

Corporation of the City of Brampton, Respondent

Susan Crawford, Counsel

Antoinette Vieira, Respondent

Susan Crawford, Counsel

1This Interim Decision addresses the applicant’s request to amend her Application, alleging discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). The Application was filed on June 28, 2017.

2On October 5, 2017 the applicant asked to amend her Application by removing two paragraphs and revising the wording of several paragraphs. The respondents consented on the condition the applicant file an amended Application showing all the changes in a single document.

decision

3The applicant’s request to amend the Application is granted, because the amendments appear to narrow the scope of the allegations in the application and the timing of the request will have no substantial impact on the processing of the case. There is no prejudice to the respondents because they have consented to the amendments subject to certain conditions which appear to be reasonable.

order

4For the reasons set out above, the Tribunal orders as follows:

a. the request to amend the Application is granted;

b. paragraphs 20 and 31 of the Application are deleted and paragraphs 21, 22, 26, 47, 48, 57, and 58 are amended as proposed in the October 5, 2017 request to amend;

c. the applicant shall prepare and file an amended Application showing the deletions struck out and the amendments underlined by November 6, 2017;

d. the respondents may file an amended Response to the amended Application within 14 days of the delivery of the amended Application; and

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