Chopra v. Kratiuk, 2009 HRTO 1243

Human Rights Tribunal of Ontario

Between:

Mukesh Chopra Applicant

-and-

Beata Kratiuk Respondent

Interim Decision

Adjudicator: David A. Wright Date: August 11, 2009 Citation: 2009 HRTO 1243 Indexed as: Chopra v. Kratiuk

1In this Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, the respondent seeks an extension until August 28, 2009 (45 days prior to the first rescheduled hearing date of October 13, 2009) to file her witness list. The due date was July 10, 2009, based upon the originally scheduled hearing date. The respondent says that the applicant has contacted various individuals mentioned in the Response on the telephone and in person, and that they are "feeling harassed" and that some have "expressed fear".

2Parties to a Tribunal Application, like other legal proceedings, are entitled to contact individuals who may be witnesses for the other side. Of course, harassment or threats are not permitted and evidence that this occurred may be relevant at the hearing and may affect a party's case.

3Therefore, it would not be appropriate to grant an extension to file witness lists as requested. It is, however, apparent that this is a particularly contentious matter, and all parties are reminded to use courtesy toward each other, witnesses, and the Tribunal in preparing for the hearing.

4In reviewing the applicant's filings, I note that his witness list does not comply with Rule 17.2, which requires a statement summarizing each witness's intended evidence. This must be a description of what each witness will say, not the general matters that the witness will discuss. The statement must identify the particular events to which each witness will testify.

5In the circumstances, both parties are directed to file witness lists that comply with Rule 17 within 10 days of the date of this Interim Decision.

6I am not seized.