<!--mc:cls:cover-masthead-->
Human Rights Tribunal of Ontario
______________________________________________________________________
**B E T W E E N:**
David Noble
Complainant
-and-
York University
Respondent
______________________________________________________________________
<!--mc:close:case-cover-->
## INTERIM DECISION
______________________________________________________________________
**Adjudicator:** Michael Gottheil
**Date:** October 19, 2009
**Citation:** 2009 HRTO 1707
**Indexed as:** Noble v. York University
______________________________________________________________________
[1] By letter dated October 5, 2009, the complainant wrote the Tribunal requesting production of an email dated November 19, 2004 between the assistant to the respondent’s in-house legal counsel and counsel for the respondent. The respondent opposes the request.
[2] On March 6, 2009, the Tribunal held a pre-hearing conference call where, amongst other matters, the issue of production of this document was discussed. I ruled that it was covered by solicitor-client privilege and therefore the request for production was refused.
[3] The complainant has provided no reason as to why that decision should be reconsidered.
[4] In addition, this request for production comes after six days of hearing, and after both parties have closed their respective cases. Final argument is scheduled to be heard on November 3, 2009. The complainant has provided no reason why the Tribunal should permit him to reopen his case.
[5] The request for production is denied.
<!--mc:open:case-tail-->
Dated at Toronto, this 19<sup>th</sup> day of October, 2009.
“Signed by”
___________________________________
Michael Gottheil
Chair
<!--mc:close:case-tail-->
minicounsel