Warman v. Kyburz

Warman v. Kyburz

Leave to amend was granted because the Commission and complainant had given sufficient notice of the retaliation allegation, the hearing date left the respondent adequate time to prepare, and there was no material before the Tribunal indicating that the respondent would be prejudiced by the amendment.

Citation
2003 CHRT 6
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Fred Kyburz
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 February 2003
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Pre Hearing Motion to Amend; Leave to Amend Granted
Outcome
Leave to amend granted to include allegation of retaliation pursuant to section 14.1 of the Canadian Human Rights Act
Legal Topics
Retaliation, Hate Speech, Amendment of Complaint, Section 13 Canadian Human Rights Act, Section 14.1 Canadian Human Rights Act
Source Language
English
Human Rights Administrative Law Retaliation Hate Speech Amendment of Complaint Section 13 Canadian Human Rights Act Section 14.1 Canadian Human Rights Act

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Fred Kyburz

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Pre Hearing Motion to Amend; Leave to Amend Granted

Legal Issues

  1. 1 Whether the Tribunal may amend a human rights complaint to add a retaliation allegation under s.14.1 CHRA
  2. 2 Whether sufficient notice was given to the respondent to enable a fair defence
  3. 3 Whether the respondent would suffer prejudice if the amendment were allowed

Ratio Decidendi

Leave to amend was granted because the Commission and complainant had given sufficient notice of the retaliation allegation, the hearing date left the respondent adequate time to prepare, and there was no material before the Tribunal indicating that the respondent would be prejudiced by the amendment.

Court Disposition

Leave to amend granted to include allegation of retaliation pursuant to section 14.1 of the Canadian Human Rights Act

Orders

  • Leave granted to the Canadian Human Rights Commission and Richard Warman to amend the complaint to include an allegation of retaliation under s.14.1 CHRA
  • The Commission and Richard Warman shall have 10 days to serve and file an amended complaint form, an amended statement of issues and any necessary supplementary disclosure