Gogance v. Matrix Logistics Services, 2010 HRTO 1247

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marius Gogance

Applicant

-and-

Matrix Logistics Services Ltd. and Robert Ceccomancini

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: June 2, 2010

Citation: 2010 HRTO 1247

Indexed as: Gogance v. Matrix Logistics Services

WRITTEN SUBMISSIONS BY

Matrix Logistics Services Ltd. and ) Andrew Ashenhurst, Counsel Robert Ceccomancini, Respondents )

INTRODUCTION

1The purpose of this Interim Decision is to address the respondents’ Request for production of documents and an adjournment of the hearing.

BACKGROUND

2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on April 20, 2009, which alleged that the respondents discriminated against him with respect to employment because of his disability. In section 10 of his Application, he stated that he is seeking a financial remedy of $20,000 as “redress for the discrimination because of his disability and the reimbursement of his Legal Fees.”

3On February 1, 2010, the Tribunal issued a Confirmation of Hearing Notice to the parties, which informed them that the hearing is scheduled for June 8 and 9, 2010. The Notice also set out the Tribunal’s Rules of Procedure with respect to disclosure of documents. Rule 16 requires each party to deliver to every other party a list and copy of all arguably relevant documents in its possession by no later than 21 days after the date of the Notice, and to deliver to every other party and file with the Tribunal a list and copy of all documents that it intends to rely on no later than 45 days prior to the first scheduled day of hearing.

4The Notice also informed the parties that requests for adjournments would be dealt with in accordance with the Tribunal’s “Information Bulletin: Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments.” The Information Bulletin provides that requests to reschedule a hearing must be made within five (5) days of receiving the Notice, and thereafter, requests for adjournments will only be granted in extraordinary circumstances, such as the illness of a party, witness or representative.

5The respondents filed a Request for an Order During Proceedings on May 3, 2010, which requested that the Tribunal order the applicant to produce his entire Employment Insurance (“EI”) claim file for the period June 2008 to present, and if the entire file is not in his possession, to obtain a copy of the file from Service Canada and produce it. The respondents also requested that the Tribunal order the applicant to produce his Income Tax Returns/Statements for the years 2008 and 2009. The respondents further requested that the Tribunal adjourn the hearing until the documents are produced. The applicant did not file a Response to the Request.

PRODUCTION REQUEST

6In their Request, the respondents submitted that the documents are arguably relevant if the applicant is seeking damages for lost income. Unfortunately, it is not clear from the applicant’s Application if his request for a financial remedy includes a claim for damages for lost income, and the applicant did not file a Response to the Request to clarify this matter.

7Assuming that the applicant is seeking damages for lost income, my view is that the respondents’ Request is too broad. There is no explanation in the Request as to how the applicant’s entire EI file is arguably relevant to a claim for damages for lost income. Furthermore, Rule 16 of the Tribunal’s Rules requires the applicant to disclose all arguably relevant documents in his possession. In the absence of an explanation as to why the applicant’s entire EI file is arguably relevant, I am not prepared to order him to obtain a copy of it from Service Canada and produce it.

8However, I agree that EI documents in the possession of the applicant that are related to the duration of his benefits, any training programs that he participated in, and any job searches that he conducted, as well as his Income Tax Returns/Statements, for any period of time that he is seeking damages for lost income, are arguably relevant.

9The Tribunal therefore orders the applicant to immediately clarify whether he is seeking damages for lost income, and if he is, to produce the documents mentioned in the previous paragraph for the time period that he is seeking damages.

ADJOURMENT REQUEST

10The respondents’ Request for an adjournment of the hearing is denied. The applicant’s failure to produce documents relating to a possible claim for damages for lost income is not an extraordinary circumstance as set out in the Tribunal’s Information Bulletin.

11If the applicant makes a claim for lost income, but fails to produce the arguably relevant documents identified above by the time of the hearing, I will hear submissions from the parties and decide at that time what is the most fair, just and expeditious way to proceed.

ORDER

12The Tribunal makes the following orders:

(a) The applicant shall immediately clarify whether he is seeking damages for lost income, and if he is, he shall deliver to the respondents and file with the Tribunal all EI documents in his possession related to the duration of his benefits, any training programs that he participated in, and any job searches that he conducted, as well as his Income Tax Returns/Statements, for any period of time that he is seeking damages for lost income.

(b) The respondents’ Request for an adjournment of the hearing is denied.