Thomas v. IATSE Local 461, [2011] HRTO 1737 (Human Rights Tribunal of Ontario)

This interim decision of the Human Rights Tribunal of Ontario (the “HRTO”) considered whether to allow Applicant to amend the Application, to obtain disclosure of specific information and documents and to add additional respondents to the Application (including three additional IATSE locals, an IATSE business representative and the IATSE International President).

Adding Respondents

The Applicant sought to add the additional Respondents for conduct including harassment and failure to accommodate which occurred after her membership with IATSE 461 ceased.   In denying her request the HRTO held that there was not a sufficient connection between the proposed Respondents and the allegations contained in the original Application related to incidents in other workplaces not related to the additional Respondents. Additionally, the Tribunal held that adding the proposed Respondents would significantly broaden the scope of the Application and result in delay. Finally, the HRTO noted that there was a 20-month delay between the date of the Application and the date the Applicant sought to add the additional parties. The HRTO found this delay to be excessive.

Request to Amend the Application

The HRTO denied the Applicant’s request to amend the Application as the proposed amendments arose at a relatively advanced stage of the proceeding.

Request for Production

The Applicant requested production of a number of documents.  The HRTO ordered IATSE to produce some documents and held that the Applicant had not provided any basis for concluding that the balance of the production requested is arguably relevant to the proceedings at hand.

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English (Canada)