Warman v. Winnicki

Warman v. Winnicki

Leave to amend the complaint was granted because the additional grounds (race, national or ethnic origin and colour) are linked to the substance of the original s.13(1) complaint, the respondent received disclosure in April 2005 and notice in May 2005, and the hearing date provided sufficient time (three months) to prepare, so no prejudice to the respondent was shown.

Citation
2005 CHRT 25
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Tomasz Winnicki
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 July 2005
Procedural Posture
Canadian Human Rights Tribunal S.13(1) Complaint / Ruling on Motion to Amend Complaint (pre Hearing)
Outcome
Leave to amend granted to add grounds of race, national or ethnic origin and colour to the s.13(1) complaint against Tomasz Winnicki.
Legal Topics
Amendment of Complaint, Discrimination on Grounds of Religion, Race, National or Ethnic Origin, Colour, Notice and Prejudice, S.13(1) Communication of Hate
Source Language
English
Human Rights Law Administrative Law Hate Speech Law Freedom of Expression Amendment of Complaint Discrimination on Grounds of Religion, Race, National or Ethnic Origin, Colour Notice and Prejudice S.13(1) Communication of Hate

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Tomasz Winnicki

Respondent

Procedural Posture

Canadian Human Rights Tribunal S.13(1) Complaint / Ruling on Motion to Amend Complaint (pre Hearing)

Legal Issues

  1. 1 Whether leave should be granted to amend the complaint to add grounds of race, national or ethnic origin and colour
  2. 2 Whether the proposed amendment respects the substance of the original complaint
  3. 3 Whether the respondent was given sufficient notice to defend against the new grounds

Ratio Decidendi

Leave to amend the complaint was granted because the additional grounds (race, national or ethnic origin and colour) are linked to the substance of the original s.13(1) complaint, the respondent received disclosure in April 2005 and notice in May 2005, and the hearing date provided sufficient time (three months) to prepare, so no prejudice to the respondent was shown.

Court Disposition

Leave to amend granted to add grounds of race, national or ethnic origin and colour to the s.13(1) complaint against Tomasz Winnicki.

Orders

  • Canadian Human Rights Commission shall serve and file an amended complaint form within 10 days.
  • The Commission shall serve and file an amended Statement of Particulars and any necessary supplementary disclosure within 10 days.