Christianson v. Ontario (Attorney General), 2009 HRTO 496

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Christianson

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General and the Superior Court of Justice, Southwest Region (Ontario)

Respondents

AND B E T W E E N:

Michael Christianson

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: April 24, 2009

Citation: 2009 HRTO 496

Indexed as: Christianson v. Ontario (Attorney General)

1This Interim Decision will address two Requests for Order During Proceedings (“Requests”) filed by the applicant seeking substantially identical Orders, in particular, the production by the respondents of transcripts of various Court proceedings in which the applicant has been involved. The only difference between the Requests is that the transcripts sought in file 2008-00179-I relate to Superior Court of Justice proceedings while those sought in file 2008-00336-I relate to Ontario Court of Justice proceedings.

2The applicant argues that the transcripts are necessary to demonstrate that the courts discriminated against the applicant in a number of respects.

3The respondents submit that the transcripts are not in the possession or control of the respondents and that such transcripts are normally obtained by making a request for the transcripts directly to the court reporter. The reporter then typically provides the transcripts sought upon payment of any applicable fees and charges. The respondents point out that it is open to the applicant to obtain the transcripts sought in this manner.

4I agree with the submissions of the respondents. Court reporters typically work on a free-lance basis and enter into contracts directly with the parties to the litigation to produce transcripts of the court proceedings, on a fee-for-service basis. The courts themselves do not furnish transcripts of their proceedings to the parties, and it is therefore correct to say that the transcripts are not in the possession or control of the respondents.

5The Requests are therefore dismissed.

6I am not seized of this matter.