Kenneth Boyd v. City of Toronto and Frank Mitchell, 2010 HRTO 1499

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kenneth Boyd

Applicant

-and-

City of Toronto and Frank Mitchell

Respondents

-and-

Toronto Professional Fire Fighters’ Association

Intervenor

INTERIM DECISION

Adjudicator: David A. Wright

Date: July 9, 2010

Citation: 2010 HRTO 1499

Indexed as: Boyd v. Toronto (City)

1Pursuant to the timetable set out in the Tribunal’s previous Interim Decision, 2010 HRTO 607, the respondents filed a Request for Order seeking production of all documents that relate to Court File No. 49744/07, Ken Boyd v. Vincent Hayden, including but not limited to: (a) any medical reports in support of the applicant’s civil action; (b) all documents listed in the applicant’s affidavit of documents; and (c) a copy of the transcript of Mr. Boyd’s examination for discovery. The action relates to a motor vehicle accident, and involves many related issues to the applicant’s physical restrictions that are at issue in this Application. The respondents note that the applicant appears to be taking a different position on some issues on some of these overlapping issues in his civil action.

2The applicant did not respond to the Request, although the Tribunal set the deadline of May 4, 2010, for doing so on agreement of the parties. The Request is therefore unopposed.

3It is evident that the documents requested are arguably relevant to the issues in this Application, in light of the overlap in many of the issues. The disclosure of documents provided in the civil action by the party that provided them is not prevented by the deemed undertaking rule: Kitchenham v. Axa Insurance Canada (2008), 2008 ONCA 877, 306 D.L.R. (4^th) 68, at para. 25 (Ont. C.A.). However, the Tribunal will modify the requested order slightly to ensure that it does not cover documents received from the other side.

ORDER

4The Tribunal orders that within 14 days of this Interim Decision, the applicant produce to the respondent all documents that relate to Court File No. 49744/07, Ken Boyd v. Vincent Hayden, with the exception of documents produced by the defendant and transcripts of the discovery of the defendant in the action. The documents produced shall include but not be limited to: (a) any medical reports in support of the applicant’s civil action; (b) all documents listed in the applicant’s affidavit of documents; and (c) a copy of the transcript of Mr. Boyd’s examination for discovery.