The Human Rights Tribunal of Alberta has granted an application to amend a sexual harassment complaint to include the protected ground of physical disability and to anonymize the complainant’s name.
The complainant filed a human rights complaint on May 9, 2022, alleging that she experienced sexual harassment while employed by 1957753 Alberta Ltd. o/a 4 Seasons Transport (the respondent). The complaint was filed under section 7 of the Alberta Human Rights Act on the protected ground of gender.
The complainant alleged that H.E., the sole registered director and shareholder of the respondent, repeatedly sexually assaulted her during her employment from October 2020 to July 2021, both at the company’s office and at H.E.’s home under the pretense of a staff meeting.
The complainant stated she remained employed despite the alleged assaults due to financial dependency during the COVID-19 pandemic. She further alleged that she has a physical disability that limited her employment options. Her affidavit detailed ongoing complications from hip surgery in 2016, which she claimed made her vulnerable to H.E.’s behaviour and contributed to her inability to leave the workplace.
Tribunal’s analysis
The tribunal considered whether to allow the Director of the Alberta Human Rights Commission (the Director) to amend the complaint by adding the protected ground of physical disability. The tribunal applied the factors established in Malko-Monterossa v Sheet Metal Workers’ International Association Local Union No. 8, including:
Timeliness: The amendment request was made well before the hearing, which had not yet been scheduled.
Factual foundation: References to the complainant’s disability were present in the original complaint.
Scope: The amendment did not introduce a new complaint or cause of action but was closely linked to the initial allegations.
Prejudice to the respondent: The respondent had sufficient time to respond and prepare for the additional ground.
In considering these factors, the tribunal found that the amendment was warranted, stating, “The interests of fairness and promoting access to justice for human rights support granting the application to add physical disability as a protected ground in the Complaint.”
Anonymization order
The tribunal also granted the Director’s request to anonymize the complainant’s name, citing its practice direction on requests for anonymization. The tribunal found that the allegations involved “graphic details of alleged sexual assaults” and that identifying the complainant would compromise her privacy, particularly given concerns about sensitive health information and her minor child.
It ruled that initials would not provide sufficient protection, stating, “Using her initials would make the complainant more easily identifiable.”
Tribunal’s decision
The tribunal granted both applications:
- The complaint was amended to include the protected ground of physical disability.
- The complainant’s name was anonymized in all tribunal records.
The decision highlights the tribunal’s willingness to consider amendments when they are factually supported and do not unduly prejudice the respondent, as well as its approach to protecting complainants in sensitive cases.
For more information, see Complainant v 1957753 Alberta Ltd. o/a 4 Seasons Transport, 2025 AHRC 20 (CanLII).
