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Interim Rules of Practice apply to reassigned hearing; specific pre-hearing disclosure of job competition documents ordered.
The respondent school boards brought a motion to rule that the Board of Inquiry Interim Rules of Practice did not apply to the hearing and to quash summonses served on their Directors of Education.
The adjudicator held that the 1994 amendments to the Human Rights Code and the Interim Rules applied because the hearing had been reassigned to a new panel.
The adjudicator set aside the summonses as overly broad but ordered the respondents to disclose specific, arguably relevant documents relating to the disputed job competitions, including minutes of meetings where decisions were made.
The adjudicator rejected the respondents' claim of social privilege over the board minutes and found the claim of solicitor-client privilege premature.
Motion to add Ministry and seconded employee as respondents to human rights complaint dismissed as premature.
The Ontario Human Rights Commission brought a preliminary motion to add the Ministry of Education and Training and Mr. André Lalonde as respondents to two human rights complaints regarding job competitions.
The complaints were originally filed against the Metropolitan Toronto School Board and the CEFCUT.
The Board of Inquiry dismissed the motion, finding it premature to add the Ministry or Mr. Lalonde in his personal capacity given the lack of evidence that Mr. Lalonde was acting as an employee of the Ministry rather than the school boards during his secondment, and considering the significant delay since the complaints were filed.