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Campbell v. Toronto (City), 2009 HRTO 1501 — HRTO | minicounsel | minicounsel

September 18, 2009

Campbell v. Toronto (City), 2009 HRTO 1501

Case Summary

The applicant filed two applications alleging discrimination in employment regarding her efforts to secure positions as a firefighter and a fire prevention inspector. She brought a Request for an Order during Proceedings seeking to consolidate the applications and for the production of documents. The Tribunal granted the consolidation on consent. The request for document production was dismissed as premature, as the Tribunal's standard disclosure process had not yet occurred.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nancy Campbell

Applicant

-and-

City of Toronto-Toronto Fire Service

Respondent

AND BETWEEN:

Nancy Campbell

Applicant

-and-

City of Toronto-Toronto Fire Service

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: September 18, 2009

Citation: 2009 HRTO 1501

Indexed as: Campbell v. Toronto (City)

[1] The applicant commenced two Applications under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination in employment on the basis of place of origin, citizenship, sex, marital status and age.

[2] The applicant alleges that she was discriminated against in her efforts to secure the position of firefighter in March 2008 (the subject matter of file 2009-01212-I) and the position of fire prevention inspector in approximately April 2008 (the subject matter of file 2009-02223-I).

[3] The applicant has filed a Request for an Order during Proceedings (the “Request”) in which she seeks the consolidation of her two Applications and the production of certain documents from the respondent. This Interim Decision will determine the Request.

[4] By letter dated April 30, 2009, the respondent consented to the consolidation of the two Applications. Having regard to the parties’ agreement and the similar issues raised by the two Applications, that aspect of the applicant’s Request is granted.

[5] With respect to the applicant’s request for production of documents, that is premature as the Tribunal's Rules of Procedure contain processes and timelines for the production of both arguably relevant documents and documents that the parties intend to rely on at the hearing. If the applicant is of the view that the documents produced by the respondent are not satisfactory or complete, it is open to the applicant to either renew her request for production of documents in this Request, or to file a new Request for an Order during Proceedings, following the disclosure process.

[6] As there is no agreement to attend mediation in either Application, these matters will be listed for hearing, for three days.

[7] I am not seized of this matter.

Dated at Toronto, this 18^th day of September, 2009.

“Signed by”

Alan Whyte

Vice-chair