Human Rights Tribunal of Ontario
B E T W E E N:
Julie Senécal
Applicant
-and-
ACI Accessory Concepts Inc., Jennifer Kilmer, and Patrick Noiseux
Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty
Date: July 28, 2010
Citation: 2010 HRTO 1608
Indexed as: Senécal v. ACI Accessory Concepts Inc.
1This Application, filed under s. 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination on the basis of disability in the context of employment.
2In essence, the applicant states that his disability was a factor in the respondents’ decision to terminate her employment contract. He seeks, among other things, compensation for lost income.
3The respondents have filed a Request for an Order During Proceedings (“Request”) seeking production of the following:
a. the applicant’s income tax returns for 2005, 2006, 2007, 2008, and 2009;
b. any and all job offers and employment contracts or agreements that the applicant entered into as of January 2005; and
c. receipts for which compensation is being claimed regarding furniture allegedly purchased by the applicant.
4The applicant objects to the Request because she says the documents requested are confidential.
5Rule 18.2 of the Rules of Procedure for Transitional Applications under Sections 53(3) and 53(5) states:
Not later than thirty (30) days after the Tribunal sends a Confirmation of Hearing to the parties, the Applicant must deliver to the other parties a copy of all arguably relevant documents in the Applicant’s possession, except where privilege is claimed.
6I find that the production requested by the respondents is arguably relevant to the Application and, in particular, to the remedy claimed by the applicant. Accordingly, these documents must be disclosed to the respondents.
7The applicant’s concerns about the confidentiality of documents do not constitute a valid reason for refusing to produce an arguably relevant document. In any event, the confidentiality of documents is addressed as follows in Rule 5.4 of the Rules:
Parties and their representatives may not use documents obtained under these Rules for any purpose unconnected to the proceeding before the Tribunal.
ORDER
8Within ten days of the date of this Interim Decision, the applicant must disclose the documents in her possession that are listed in paragraph 3 of this Interim Decision
9Should the applicant fail to comply with this Order, the Tribunal may limit her claim for damages or may take any other action it considers appropriate (Rule 3.3).
10I am not seized of this matter.
Dated at Toronto, this 28th day of July, 2010.
"signed by"_________________
Michelle Flaherty
Vice-chair