Warman v. Lemire

Warman v. Lemire

The Tribunal granted the Commission's motion to amend the complaint to add sexual orientation because the amendment stems from the same factual matrix as the original complaint and it was not plain and obvious that the amendment could not succeed; the respondent was permitted to complete particulars and disclosure by the specified deadline of April 24, 2006.

Citation
2006 CHRT 13
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Marc Lemire; Interested Party: Attorney General of Canada; Interested Party: Canadian Association for Free Expression; Interested Party: Canadian Free Speech League; Interested Party: League of Human Rights of B'nai Brith; Interested Party: Canadian Jewish Congress; Interested Party: Friends of Simon Wiesenthal Center for Holocaust Studies
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 March 2006
Procedural Posture
Human Rights Tribunal Proceeding / Pre Hearing — Motion to Amend Complaint
Outcome
Motion to amend complaint granted
Legal Topics
Amendment of Complaint, Sexual Orientation as Prohibited Ground, Disclosure and Particulars, Procedural Motions, Scheduling of Constitutional Questions
Source Language
English
Human Rights Law Administrative Law Constitutional Law Civil Procedure Amendment of Complaint Sexual Orientation as Prohibited Ground Disclosure and Particulars Procedural Motions +1 more

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Marc Lemire

Respondent

Attorney General of Canada

Interested Party

Canadian Association for Free Expression

Interested Party

Canadian Free Speech League

Interested Party

League of Human Rights of B'nai Brith

Interested Party

Canadian Jewish Congress

Interested Party

Friends of Simon Wiesenthal Center for Holocaust Studies

Interested Party

Procedural Posture

Human Rights Tribunal Proceeding / Pre Hearing — Motion to Amend Complaint

Legal Issues

  1. 1 Whether the complaint may be amended to add sexual orientation as a prohibited ground of discrimination
  2. 2 Whether the proposed amendment relies on new facts or the same factual matrix as the original complaint
  3. 3 Whether the proposed amendment is plainly and obviously incapable of success

Ratio Decidendi

The Tribunal granted the Commission's motion to amend the complaint to add sexual orientation because the amendment stems from the same factual matrix as the original complaint and it was not plain and obvious that the amendment could not succeed; the respondent was permitted to complete particulars and disclosure by the specified deadline of April 24, 2006.

Court Disposition

Motion to amend complaint granted

Orders

  • The complaint is amended to include sexual orientation as a prohibited ground on which the respondent is alleged to have discriminated.
  • Respondent may complete and file his Statement of Particulars, Disclosure and Production addressing the additional ground of sexual orientation by April 24, 2006.