Bernadette Bradfield v. Ontario Lottery and Gaming Corporation, 2009 HRTO 29

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bernadette Bradfield

Applicant

-and-

Ontario Lottery and Gaming Corporation, Maria Graham, Mary Mare and Patricia Kerr

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: January 12, 2009

Citation: 2009 HRTO 29

Indexed as: Bradfield v. Ontario (Lottery and Gaming Corporation)

1This is an Application filed July 16, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Case Resolution Conference in this matter is scheduled to proceed on January 29, 2009. The purpose of this Interim Decision is to issue case management directions to assist in the fair, just and expeditious resolution of the case resolution conference.

2On December 12, 2008, the applicant filed her list of witnesses, a brief description of witnesses’ evidence and the medical reports of her family physician and two orthopaedic specialists.

3On December 22, 2008, the respondents filed a list of the witnesses they intended to call, having previously filed a document book. On that date the respondents advised that they would be objecting to the introduction of any documents without the author (the medical practitioner) being present to be cross-examined on the contents of the report.

4On December 23, 2008, the applicant responded that requiring them to call the medical practitioners would cause undue delay and expense. The applicant also advised that she would be objecting to the respondents’ failure to provide a statement summarizing each witness’ expected evidence.

5The Tribunal’s Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) provide as follows with respect to the preparation of the Case Resolution Conference:

9.5 The Applicant and the Respondent shall each, no later than 20 days prior to the case resolution conference:

a) deliver to the other party a list of their witnesses, with a brief statement summarizing each witness’ expected evidence, a list of all documents on which they intend to rely at the case resolution conference and copies of any documents not previously provided under Rule 9.3; and

b) file with the Tribunal a list of their witnesses, with a brief statement summarizing each witness’ expected evidence, and a copy of all documents on which they intend to rely at the case resolution conference.

9.6 The case resolution conference will be conducted fairly and in an informal manner in accordance with the powers set out in these Rules.

6These Rules, which came into effect on January 1, 2009, replaced the previous Rules of Procedure for Applications under Section 53(3). In those earlier Rules, Rule 9.5 did not specifically require a party to provide a statement summarizing each witness’ expected evidence.

7As a result of this recent amendment in the Rules, the respondents are directed to provide a brief statement summarizing each witness’ expected evidence by January 19, 2009.

8With respect to the request to cross-examine the medical practitioners, the respondents are directed to provide written submissions by January 19, 2009 outlining the reasons why such cross-examination is required, having regard to the particular issues in dispute in this case. The applicant shall file written submissions in response by January 23, 2009 and the respondents shall file any written submissions in reply by January 27, 2009.

9I am not seized of this Application.