Sarah Kraicer

The Complainant brought a motion to amend his human rights complaints to claim general and liquidated damages for alleged harm to his medical condition caused by the denial of access to services, as well as legal fees.

The Respondents opposed the amendments, arguing prejudice due to delay and the Complainant's previous abandonment of these claims.

The Tribunal allowed the amendments for general and liquidated damages, finding that the Respondents failed to establish actual prejudice that could not be cured by an adjournment.

However, the Tribunal denied the request to amend the complaints to claim legal fees, as it lacks jurisdiction to award costs to a complainant under the Human Rights Code.

The complainant requested reconsideration of an earlier interim decision deferring a constitutional question to the courts, and sought to amend her human rights complaint.

The Board of Inquiry held that it lacked jurisdiction to reconsider its decision because its rules of practice do not provide for reconsideration, as required by the Statutory Powers Procedure Act.

The Board also dismissed the motion to amend the complaint, finding that the proposed amendments did not assert new grounds of discrimination but merely pleaded additional evidence and particularized allegations already covered by the original complaint, which the respondents had already conceded.