The Ontario Human Rights Commission brought a motion to amend a human rights complaint to add three new allegations of harassment in employment and the ground of reprisal.
The respondent, Dofasco Inc., opposed the motion, arguing that the Commission's failure to investigate or conciliate these allegations prior to referral deprived it of statutory protections and that the late notice caused prejudice amounting to an abuse of process.
The Board of Inquiry granted the motion, holding that it has jurisdiction to hear a matter de novo and amend complaints, provided natural justice is respected.
The Board found that Dofasco failed to demonstrate actual prejudice of such magnitude as to impact the fairness of the hearing, noting that Dofasco would have ample time to prepare its defence before the hearing on the merits commenced.
