HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lilia Hancock
Complainant
- and-
Ontario Human Rights Commission
Commission
- and-
McKesson Canada Corporation, Marvin Kalchman, Joe Varkul and Alfredo DaSilva
Respondents
INTERIM DECISION
Adjudicator: Mary Anne McKellar Date: December 30, 2008 Citation: 2008 HRTO 442 Indexed as: Hancock v. McKesson Canada
1I have reviewed the submissions of the Commission filed December 22, 2008.
2I acknowledge that the Commission no longer intends to call Mr. Harris as a witness.
3The only outstanding issue to be determined prior to the commencement of the hearing therefore, is whether the proposed evidence of Ivyline Greene is admissible in respect of the complainant’s allegations about the conduct of the respondent Alfredo DaSilva towards her on December 14, 2001. At its heart, that allegation relates to a comment that the complainant asserts Mr. DaSilva made, but which the latter denies.
4I am somewhat troubled by the lack of particularity with respect to Ms. Greene’s anticipated testimony about comments Mr. DaSilva may have made to her, as it makes the determination of whether the alleged facts are indeed sufficiently “similar” to render the evidence admissible more difficult. Nevertheless, I have decided, on balance, that the evidence proposed is admissible and that any deficiencies with respect to its particularity or similarity to the complainant’s allegations may go to weight. It does not appear to me that entertaining Ms. Greene’s testimony with respect to her direct knowledge of Mr. DaSilva’s conduct towards her will require a great deal of hearing time. I note that the Commission is not proposing to call Ms. Greene to testify about the conduct of anyone else in the workplace or about the workplace generally. Such evidence would, in my view, be irrelevant and inadmissible with respect to any of the outstanding allegations in the complaint.
5The hearing will commence at 9:30 a.m. on Monday January 12, 2009. The hearing will continue on January 13 and 14, 2009, and on January 16, 2009 if necessary. The Registrar-Transition will advise the parties of the hearing location in due course.
Dated at Toronto, this 30th day of December, 2008.
"Signed by"
Mary Anne McKellar Vice-Chair