Peter Smith v. Wal-Mart Canada Corp., 2009 HRTO 570

Human Rights Tribunal of Ontario

B E T W E E N:

Peter Smith

Applicant

-and-

Wal-Mart Canada Corp.

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: May 5, 2009

Citation: 2009 HRTO 570

Indexed as: Smith v. Wal-Mart Canada

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 6, 2009. The purpose of this Interim Decision is to address the applicant’s Request for an Order During Proceedings, which was filed on April 7, 2009, and requests production of the last name and contact details of a proposed individual respondent.

2The Request identifies the individual in question as “Yannick the night support manager”. He states that he does not know his contact details or last name, and the reason for the Request is “respondent details”. Furthermore, under “Application Information”, he lists both “Wal-Mart Canada Corp.” and “Yannick (unknown)” as respondents. The respondent did not file a Response to the applicant’s Request.

3The respondent is ordered to provide the applicant and the Tribunal with the full name and last known address of any person fitting the description of “Yannick, the night support manager” within 10 days of the date of this Interim Decision. The respondent’s response to this Order shall not be overly technical or narrow, particularly if it knows who the individual in question is.

4The individual in question is not currently named as a respondent in the Application. If the applicant intends to make a Request to add him as a respondent to the Application, he shall file an additional Request for an Order During Proceedings (Form 10) with the Tribunal, and deliver it to both the organization respondent (Wal-Mart Canada Corp.) and the proposed individual respondent. The applicant shall ensure that he includes the cover page (page 1) of the Request with his filing and delivery, as it appears that he did not do so when he filed and delivered his current Request.

5I am not seized of this matter.