Mohamed, Abucar, Farah, Yusuf, Yusuf, Hagi, Hassan, Osman v. UPS Canada Ltd.

Mohamed, Abucar, Farah, Yusuf, Yusuf, Hagi, Hassan, Osman v. UPS Canada Ltd.

The amendment to add sex as a ground is allowed because it does not change the facts or introduce new factual issues, the proposed change arises from the same set of facts, and the Respondent has not demonstrated prejudice or lack of sufficient notice, therefore allowing the amendment does not undermine fairness.

Citation
2008 CHRT 19
Parties
Complainants: Amina Mohamed; Suldana Hagi Abucar; Asha Farah; Nadifo Yusuf; Dales Yusuf; Anisa Hagi; Run Egal Hassan; Halimo Osman; Commission: Canadian Human Rights Commission; Respondent: UPS Canada Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 June 2008
Procedural Posture
Human Rights Complaint / Interim Ruling on Amendment to Complaint
Outcome
Commission's request to amend the complaint to add discrimination on the basis of sex is granted.
Legal Topics
Discrimination, Religion, Sex (gender) Discrimination, Complaint Amendment, Natural Justice
Source Language
English
Human Rights Law Employment Law Administrative Law Discrimination Religion Sex (gender) Discrimination Complaint Amendment Natural Justice

Case Brief

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Parties

Amina Mohamed; Suldana Hagi Abucar; Asha Farah; Nadifo Yusuf; Dales Yusuf; Anisa Hagi; Run Egal Hassan; Halimo Osman

Complainants

Canadian Human Rights Commission

Commission

UPS Canada Ltd.

Respondent

Procedural Posture

Human Rights Complaint / Interim Ruling on Amendment to Complaint

Legal Issues

  1. 1 Whether the Commission may amend the complaint to add sex as a ground of discrimination
  2. 2 Whether the proposed amendment would prejudice the Respondent or undermine procedural fairness
  3. 3 Whether the amendment raises new factual issues or an unanticipated route of inquiry

Ratio Decidendi

The amendment to add sex as a ground is allowed because it does not change the facts or introduce new factual issues, the proposed change arises from the same set of facts, and the Respondent has not demonstrated prejudice or lack of sufficient notice, therefore allowing the amendment does not undermine fairness.

Court Disposition

Commission's request to amend the complaint to add discrimination on the basis of sex is granted.

Orders

  • The Commission's request to amend the complaint to add the allegation of discrimination on the basis of sex is granted.