George Polihronakos v. The Corporation of the City of Mississauga, 2010 HRTO 1112

Human Rights Tribunal of Ontario

B E T W E E N:

George Polihronakos Applicant

-and-

The Corporation of the City of Mississauga, Eric Draycott, Joe Pitushka, Martin Powell and Silvio Cesario Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin Date: May 18, 2010 Citation: 2010 HRTO 1112 Indexed as: Polihronakos v. Mississauga (City)

1This is an Application filed on July 29, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), alleging discrimination in employment by the respondents on the basis of age and reprisal. The Application is scheduled for hearing on May 21, 2010 for the purpose of addressing certain preliminary issues including whether the applicant's allegations of discriminatory hiring are untimely. See 2010 HRTO 140. This Interim Decision addresses certain outstanding Requests for Order During Proceedings.

2The applicant has filed a Request to Withdraw the Application against the Union. The respondents have made no submissions on the request and the time for responding has elapsed. The Application is therefore withdrawn against the union with leave of the Tribunal.

3The applicant has filed a Request for Order During Proceeding seeking particulars and production of certain documents. The Request relates to the applicant's allegations of discriminatory hiring. The applicant requests that this Request be dealt with at the hearing on May 21, 2010 and the respondent opposes the Request.

4I find that the Request for particulars and production is premature. This Application is at an early stage. In this particular case, the production request relates to allegations that may be found to be untimely. Further and in any event, the parties have agreed to mediation (subject to addressing the timeliness issue). Requests for production are normally not addressed until a matter has been scheduled for a hearing on the merits and the parties have complied with their disclosure obligations under the Tribunal's Rules of Procedure. See: Krantz v. Ottawa Police Services, 2009 HRTO 787. The applicant may file a new request for particulars and production following the disclosure process under Rule 16.