Application to Amend a Complaint

Information Sheet GA 4

A complainant can amend a complaint by filing a Form 3 – Amendment and delivering a copy to the other participants.

An amendment that adds details to an existing allegation of discrimination, rather than adding a new allegation, does not require an application. A complainant may also add a new allegation to a complaint, but they must apply to do so if:

    1. the hearing date is less than four months away;
    2. there is an outstanding application to dismiss; or
    3. the amendment adds an allegation that occurred after the six month time limit for filing the complaint.

A. Conditions for amending the complaint if the hearing is less than four months away

To amend the complaint within 4 months of the hearing, you must show that:

Amending the complaint will facilitate the just and timely resolution of the complaint.

To show this, explain in the application:

  • why the amendment is important
  • why you did not amend sooner
  • whether the hearing can proceed on the dates set
  • any other reason showing why allowing the amendment would be fair and would not delay the process too much

B. Conditions for amending the complaint if an application to dismiss is outstanding

To add an allegation to complaint after a respondent has made an application to dismiss the complaint (and before the Tribunal decides the application), you must show that:

Amending the complaint will facilitate the just and timely resolution of the complaint.

To show this, explain in the application:

  • why the amendment is important
  • why you did not amend sooner
  • why amending the complaint is fair, having regard to the purposes of the Code and the need to be fair to all parties
  • why amending the complaint would not delay the resolution of the complaint too much

C. Conditions for adding allegations outside of the time limit for filing the complaint

The following information explains how to tell if an allegation is outside the time limit for filing the complaint, and what you need to show to add a “late” allegation.

How to tell if the allegation is late (outside the 6 month time limit for the original complaint):

If the original complaint is not a continuing contravention, the allegation is late-filed if it happened more than 6 months before the complaint was filed.

For example, if the original complaint was filed on July 15, 2010, you must apply to amend if the conduct in the amendment pre-dates January 15, 2010.

If the original complaint is a continuing contravention, the allegation is late-filed if it pre-dates the conduct in the original complaint.

For example, if the original complaint is about a continuing contravention from November 1, 2009 through early 2010, and was filed on July 15, 2010, you must apply to amend if the conduct in the amendment pre-dates November 1, 2009.

Note: If the original complaint was filed after the time limit, but was accepted for late-filing, you must apply if the date of the event in the amendment is also outside of the time limit for filing the original complaint.

For example, if the original complaint is about conduct in 2009 and was filed on July 15, 2010 (but the Tribunal accepted the late-filed complaint), you must apply to amend to add more 2009 conduct.

The conditions for adding a late-filed allegation:

To add a late-filed allegation, you must show:

It is in the public interest to accept the late-filed allegation and no one would be substantially prejudiced by the delay.

Factors the Tribunal may consider in determining whether it is in the public interest to accept the late-filed allegation include:

  • The reasons you waited to file the allegation
  • The length of the delay
  • Whether the allegation raises a novel or unusual issue, and it may be helpful to others for the Tribunal to consider it, and provide guidance for future cases

Substantial prejudice includes, for example, where the respondent no longer has evidence or has lost contact with witnesses.

Apply to amend a complaint

Apply using a General Application.