Jogendra v. Ontario (Attorney General), 2008 HRTO 340

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Regis Jogendra Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Attorney General, Michael Bryant, Brian Lennox and Donald Ebbs Respondents

AND B E T W E E N:

Regis Jogendra Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Attorney General and Kenneth L. Campbell Respondents

INTerim DECISION

Adjudicator: David Muir Date: December 3, 2008 Citation: 2008 HRTO 340 Indexed As: Jogendra v. Ontario (Attorney General)

INTRODUCTION

1These are two Applications filed under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”) on July 24, 2008.

2Each of the parties has raised preliminary matters. In a prior interim decision various case management directions were made in respect of the Case Resolution Conference scheduled on February 6, 2009. Amongst those directions was one directing that the parties be prepared to deal with all of the preliminary issues at the Case Resolution Conference.

3The applicant has requested certain documents from the Respondents by letters dated November 7 and 12, 2008. The parties have exchanged numerous letters respecting the applicant’s requests but the issues remain largely unresolved. On November 26 the applicant wrote the Tribunal requesting an Order directing the respondents to provide the requested material pursuant to Rule 4.3(j).

4Rule 9.3 requires that the parties provide to each other all arguably relevant documents, except where privilege is claimed. In accordance with this Rule I make the following case management directions:

a) The applicant shall reiterate his requests as set out in his letters to the Respondents dated November 7 and 12, 2008, including an explanation as to how the documents requested are relevant to the preliminary issues to be dealt with in the Case Resolution Conference. The applicant’s submission shall be delivered to the Tribunal and to the respondents by December 12, 2008.

b) The respondents shall deliver their submissions in response to the Tribunal and to the applicant by December 19, 2008.