Kuechler v. San Remo Lighting Manufacturing Company Limited, 2017 HRTO 1660

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kane Kuechler

Applicant

-and-

San Remo Lighting Manufacturing Company Limited

Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: December 15, 2017 Citation: 2017 HRTO 1660 Indexed as: Kuechler v. San Remo Lighting Manufacturing Company Limited

WRITTEN SUBMISSIONS

Kane Kuechler, Applicant

Daniel Tucker-Simmons, Counsel

San Remo Lighting Manufacturing Company Limited, Respondent

Andrew Ruzza, Counsel

INTRODUCTION

1This Application alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent filed a Request for an Order During Proceedings (“Request”), seeking to amend its Response to the Application so that the respondent can include additional information, still denying the alleged discrimination as in the original Response.

2The applicant has not filed a Response to the Request and the time limit for filing has now passed.

3This Interim Decision grants the respondent’s request to amend the Response, and provides directions for additional steps for the parties.

REQUEST TO AMEND RESPONSE

4In 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 party, and the impact on the course of the hearing. See Boldt-Macpherson v. The Hoita Kokoro Centre et al, 2008 HRTO 16 and Wozeilek v. 7-Eleven Canada, 2009 HRTO 926.

5In reviewing the above factors, I note that a hearing date has not been set and the parties have agreed to mediation which is scheduled for March 29, 2018. The Requested amendments to the Response make some changes and additions to the Response as initially filed. The applicant will not be prejudiced by the amendments.

ORDER

6The Request is allowed, and the Response is amended in accordance with the “Schedule A”, that was attached to the Request filed by the respondent on November 15, 2017.

7If the applicant wishes to file an Amended Reply, he must serve it on the respondent and file it with the Tribunal within 21 days of receiving this Interim Decision.

8I am not seized.