Simon Banda v. Correctional Service Canada

Simon Banda v. Correctional Service Canada

The amendment is allowed because it is closely connected to the original complaint about harsher treatment and overscrutiny, it is relevant to the issues in dispute, it does not significantly expand the particulars, and any prejudice from lateness can be addressed by scheduling and limited extensions rather than denying the amendment.

Citation
2021 CHRT 28
Parties
Complainant: Simon Banda; Commission: Canadian Human Rights Commission; Respondent: Correctional Service of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 August 2021
Procedural Posture
Human Rights Tribunal Complaint / Interim Ruling on Amendment to Statement of Particulars
Outcome
Request to amend Statement of Particulars allowed
Legal Topics
Racial Discrimination, Assessment and Evaluation Bias, Amendment of Pleadings, Disclosure and Evidence, Hearing Preparation and Prejudice
Source Language
English
Human Rights Employment Discrimination Administrative Law Racial Discrimination Assessment and Evaluation Bias Amendment of Pleadings Disclosure and Evidence Hearing Preparation and Prejudice

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Parties

Simon Banda

Complainant

Canadian Human Rights Commission

Commission

Correctional Service of Canada

Respondent

Procedural Posture

Human Rights Tribunal Complaint / Interim Ruling on Amendment to Statement of Particulars

Legal Issues

  1. 1 Whether the Tribunal should allow amendment to the Statement of Particulars to add an allegation that the respondent evaluated and assessed the complainant more adversely compared to non-Black recruits
  2. 2 Whether the late timing of the amendment causes undue prejudice to the respondent and threatens hearing preparedness and schedule
  3. 3 Whether the proposed amendment is within the scope of the original complaint and linked in fact and law

Ratio Decidendi

The amendment is allowed because it is closely connected to the original complaint about harsher treatment and overscrutiny, it is relevant to the issues in dispute, it does not significantly expand the particulars, and any prejudice from lateness can be addressed by scheduling and limited extensions rather than denying the amendment.

Court Disposition

Request to amend Statement of Particulars allowed

Orders

  • Complainant to file amended Statement of Particulars within 2 calendar days of the date of this ruling
  • Respondent may file an amended Statement of Particulars no later than 7 calendar days following receipt of the complainant's amended SOP