Carpenter v. Navy League of Canada

Carpenter v. Navy League of Canada

The Tribunal retained both the Respondent’s First SOP and Amended SOP on the record to preserve a complete record for judicial review, permitted the Respondent to use the Amended SOP for case management and disclosure purposes, rejected the notion that the Amended SOP entirely expunges the First SOP from the record, granted the Complainant leave to adopt the Gay Slur content from the First SOP as an allegation in his SOP (subject to disclosure and admissibility rules), and granted the Complainant’s motion to amend the complaint to add a section 14.1 retaliation allegation because the proposed amendment is linked to the original complaint, tenable, not barred by res judicata and not...

Citation
2015 CHRT 8
Parties
Complainant: Richard Carpenter; Commission: Canadian Human Rights Commission; Respondent: Navy League of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
20 April 2015
Procedural Posture
Canadian Human Rights Tribunal Inquiry Under the Canadian Human Rights Act / Pre Hearing Rulings on Motions (sop Amendment and Motion to Amend Complaint)
Outcome
Ruling granting SOP and amendment motions: both First and Amended SOPs remain on the record; Amended SOP governs case management and disclosure; Complainant granted leave to amend his SOP to add the Gay Slur Allegation; Motion to amend complaint to add s.14.1 retaliation granted; parties may file amended SOPs and...
Legal Topics
Amendment of Statements of Particulars, Withdrawal of Admissions, Retaliation (section 14.1 Chra), Tribunal Procedure and Disclosure, Admissibility and Evidence at Administrative Hearings
Source Language
English
Human Rights Administrative Law Procedural Law Employment/workplace Law Amendment of Statements of Particulars Withdrawal of Admissions Retaliation (section 14.1 Chra) Tribunal Procedure and Disclosure +1 more

Case Brief

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Parties

Richard Carpenter

Complainant

Canadian Human Rights Commission

Commission

Navy League of Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Inquiry Under the Canadian Human Rights Act / Pre Hearing Rulings on Motions (sop Amendment and Motion to Amend Complaint)

Legal Issues

  1. 1 Whether the Respondent can withdraw admissions contained in its original Statement of Particulars (First SOP)
  2. 2 Whether the Respondent may substitute an Amended SOP for the First SOP and whether the First SOP must remain on the record
  3. 3 Whether Rule 9(3) is the proper mechanism for the amendments and for introducing new witnesses/documents

Ratio Decidendi

The Tribunal retained both the Respondent’s First SOP and Amended SOP on the record to preserve a complete record for judicial review, permitted the Respondent to use the Amended SOP for case management and disclosure purposes, rejected the notion that the Amended SOP entirely expunges the First SOP from the record, granted the Complainant leave to adopt the Gay Slur content from the First SOP as an allegation in his SOP (subject to disclosure and admissibility rules), and granted the Complainant’s motion to amend the complaint to add a section 14.1 retaliation allegation because the proposed amendment is linked to the original complaint, tenable, not barred by res judicata and not...

Court Disposition

Ruling granting SOP and amendment motions: both First and Amended SOPs remain on the record; Amended SOP governs case management and disclosure; Complainant granted leave to amend his SOP to add the Gay Slur Allegation; Motion to amend complaint to add s.14.1 retaliation granted; parties may file amended SOPs and...

Orders

  • Both the Respondent’s First SOP (Feb 5, 2014) and Amended SOP (Apr 7, 2014) shall remain part of the Tribunal record.
  • For case management, disclosure and hearing preparation the Respondent’s Amended SOP shall take the place of the First SOP.