Initial Claims: Sheldon Kanhai filed a civil action and an HRTO application alleging employment discrimination based on PTSD and depression.
HRTO Dismissal: HRTO dismissed Kanhai's application, finding both proceedings were based on the same facts.
Amendment Sought: Kanhai sought to amend his civil claim to include damages for human rights violations.
Defendant’s Argument: TTC argued this amendment was an abuse of process and time-barred.
Court's Decision:
Amendment Allowed: The court permitted the amendment, noting the original pleading contained all necessary facts, thus it was not a new cause of action.
No Prejudice: The court found no prejudice to the TTC, which had been aware of and defended against these allegations since 2019.
Costs Awarded: TTC was ordered to pay $5,000 in costs to Kanhai within thirty days.
Legal Principles:
Doctrine of Election: Prevents altering claims post-choice unless based on the same facts.
Limitations Period: Amendment not barred as it sought a different remedy from the same facts.
Case References:
Galluzzi v Pearlann Consulting Inc. (2017 ONSC 3298)
Klassen v Beausoleil (2019 ONCA 407)
Di Filippo v Bank of Nova Scotia (2024 ONCA 33)
Conclusion:
The court granted Kanhai’s motion to amend his statement of claim to pursue damages for alleged human rights violations alongside his wrongful dismissal claim in a single proceeding.
