Ross McPherson v. Sears Canada Inc., 2009 HRTO 1708

Human Rights Tribunal of Ontario

B E T W E E N:

Ross McPherson Applicant

-and-

Sears Canada Inc. Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 19, 2009 Citation: 2009 HRTO 1708 Indexed as: McPherson v. Sears Canada

1A Case Resolution Conference (“hearing”) in this matter is scheduled for November 18 and 19, 2009. The purpose of this Interim Decision is to address the applicant’s Request for an Order requiring three persons to provide statements to the applicant prior to the hearing in order that they may prepare their witness statements which are due October 30, 2009.

2The applicant states that the witnesses have refused to provide a statement without a Tribunal Order and that it is not sufficient to summons the witnesses as he cannot prepare the witness statements required by the Tribunal Rules.

3None of the named persons are respondents and their names do not appear on the original complaint underlying the present Application. The applicant has not given any indication of the questions he wishes the witnesses to respond to.

4I find that the applicant has not established the relevance of the evidence of the witnesses. Further, in my view it would not be fair or just to adopt the procedure requested by the applicant. The applicant may file a witness statement or will say indicating what he expects the witnesses to say or the questions he intends to ask and advise that the witnesses have refused to confirm their evidence with him. The applicant must then summons the witnesses to attend the hearing.

5In reviewing the applicant’s statement of additional facts, the Tribunal notes that the applicant has relied upon events following the filing of the original complaint. The transitional provisions of the Code provide that the subject matter of the Application must relate to the complaint.