Gerrald Stangret v. Toronto Transit Commission, 2009 HRTO 184

Human Rights Tribunal of Ontario

B E T W E E N:

Gerrald Stangret

Applicant

-and-

Toronto Transit Commission

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: February 23, 2009

Citation: 2009 HRTO 184

Indexed as: Stangret v. Toronto Transit Commission

1This is an Application filed September 11, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the "Code"). In a prior Interim Decision, 2008 HRTO 315, the Tribunal denied the respondent's request for particulars and documents referred to in the Application. However, the Tribunal did direct the applicant to provide such particulars in his additional statement of facts within 30 days of the date Interim Decision. That deadline expired on February 9, 2009. To date, no additional materials have been filed by the applicant. The respondent seeks to have the Application dismissed on the basis of non-compliance with the Tribunal's rules and directions.

2The Tribunal's Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) of the Human Rights Code provide:

3.3 Where a party fails to deliver material to another party or person as required by these Rules, the Tribunal may refuse to consider the material, or may take any other action it considers appropriate.

3.4 Where a fact or issue is not raised in the Application (Form A or Form TR-1), complaint, Response (Form B or Form TR-2), the Response to the complaint, or in a supplemental statement of facts and issues filed after mediation, the Tribunal may refuse to allow the party to present evidence or make representations about the fact or issue unless satisfied there would be no substantial prejudice and no undue delay to the proceedings.

3.5 A technical defect or irregularity is not a breach of these Rules.

3.6 Where a party or other person fails to comply with these Rules, the Tribunal may relieve against a failure to comply with these Rules, with or without terms, where to do so would be fair and which states:

3The applicant will be provided with one more opportunity to provide the additional statements of facts required to permit the respondent to prepare for the Case Resolution Conference.

4Accordingly, the parties are directed as follows:

a. By March 9, 2009, the applicant shall deliver to the respondent and file with the Tribunal a written explanation why the previous deadline of February 9, 2009 was not met.

b. By March 9, 2009, the applicant shall also deliver to the respondent and file with the Tribunal, a statement of any additional facts the applicant intends to rely upon and a description of the remedies sought. In particular, the applicant is to provide particulars of his disability and his version of the conversations which allegedly took place between himself and the TTC operators on April 7, 2007 and May 10, 2007. In addition, the applicant shall deliver to the respondent a copy of all arguably relevant documents (including copies of the audiotapes of the April 7, 2007 and May 10, 2007 conversations and transcripts, if any) in the applicant's possession, except where privilege is claimed.

c. By April 9, 2009, the respondent shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondent will rely upon and the respondent's position with respect to the requested remedies. In addition, the respondent must deliver to the applicant a copy of all arguably relevant documents in the respondent's possession, except where privilege is claimed.

d. By April 15, 2009, each party must deliver to the other parties a list of witnesses, a description of what each witness will say, and a list of all documents on which they intend to rely at the case resolution conference, and a copy of any documents not already provided.

e. By April 15, 2009, each party shall file with the Tribunal a list of witnesses, a description of what each witness will say, a copy of all documents on which they intend to rely at the case resolution conference.

5These deadlines replace the deadlines set out in Notice of Case Resolution conference. The Case Resolution Conference will take place on April 29, 2009.