Morra v. Gesco, 2010 HRTO 1606

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nina Morra

Applicant

-and-

Gesco Limited Partnership (Shnier) and Elaine MacIssac

Respondents

INTERIM decision

Adjudicator: Ena Chadha

Date: July 27, 2010

Citation: 2010 HRTO 1606

Indexed as: Morra v. Gesco

1The applicant filed an Application on May 19, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On June 29, 2010, the Tribunal issued a Notice of Application to the respondents. The Notice of Application advised the respondents that a Response must be filed with the Tribunal no later than 35 days from June 29, 2010.

3On July 6, 2010, the respondents wrote to the Tribunal seeking copies of documentation referred to in the Application narrative as Schedules A to I. On July 7, 2010, the Tribunal received correspondence from the applicant confirming that the requested documentation was evidence as noted in Question 16 of Form 1 of the Application. On the same day, Tribunal notified the respondents of the applicant's position.

4On July 9, 2010, the respondents filed a Request for Order During Proceedings ("Request") asking the Tribunal decline to deal with the Application on the basis that it is incomplete due to the withheld documentation, or alternatively, require the applicant to disclose the documentation referred to in her narrative. The respondents submit that it is not fair to require the respondents to respond to the Application without knowledge of the documentation which forms part of the allegations. The respondents further request that the Tribunal grant the respondents a full 35 day response period from the date of the disclosure.

5On July 16, 2010, the applicant filed a Response to the respondents' Request, wherein she submits that her Application is complete and specifically, the narrative comprehensively details her allegations with specific information of the "who, what, when and where". The applicant argues that the documentation referred to in the narrative is evidence which she intends to rely upon to substantiate her claim, and that it is not necessary to disclose documents at this time. The applicant also submits that the respondents should not be given additional time to file their Response.

DECISION

6The respondents' request to dismiss and request for disclosure are denied.

7I do not agree with the respondents that the Application is incomplete. The underlying issue to the respondents' Request is whether the respondents are able to comply with their obligation under the Tribunal's Rules of Procedure to respond to the Application. The object of these Rules is to afford all parties an opportunity to state and frame their case and an opportunity to know and respond to the other side's case so as to promote a fair, just and expeditious hearing process. This is not a situation in which the "material facts", as described in Garrelhas v. ICE Consultants Inc., 2005 HRTO 51, generally the "who, what, when and where", are missing from the Application. The Application is detailed and provides substantial information with respect to the background circumstances, including fifteen pages of "who, what, when and where" regarding the applicant's concerns and allegations. There is nothing to suggest that the respondents will not be able to provide a meaningful response to the allegations in the Application.

8The request for disclosure is premature. Under Rule 16 of the Tribunal's Rules of Procedure, each party must deliver to the other all arguably relevant documents in its possession within 21 days after the Tribunal sends a Confirmation of Hearing to the parties. No Confirmation of Hearing has been issued in this case and there are no special circumstances that justify a disclosure order at this stage of the process.

9The current deadline for filing a Response is therefore extended to 25 days from the date of this Interim Decision. If it is necessary to amend the Response because of further disclosure at a later point, the respondents may ask for leave to do so.

10I am not seized of this matter.