HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Donevan
Applicant
-and-
University of Windsor, William Gallant, Brent Angel, Clayton Smith and Ross Paul
Respondents
Interim Decision
Adjudicator: David Muir
Indexed as: Donevan v. University of Windsor
1This Application was filed May 22, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). This Direction deals with a Request for adjournment of the hearing scheduled to begin on September 13, 2010. The respondents oppose the adjournment Request.
2The applicant requests the adjournment on the basis that the respondents have disclosed "numerous items" that were never disclosed as ordered and requested in academic misconduct proceedings brought by the respondents against the applicant. The applicant states that this is a significant legal issue and so as to not prejudice any legal options available to the applicant an adjournment of the hearing is requested.
3The applicant does not state what the materials are that were not disclosed in the other proceeding referred to, nor does he state what impact that might have on his ability to proceed with the hearing of this Application on the scheduled date. The applicant also does not make clear how any legal remedies the applicant might have in reference to an alleged failure to disclose materials in another proceeding can have any bearing on the continued processing of this Application.
4I am not satisfied that an adjournment of the hearing date is necessary to the fair, just or expeditious resolution of this Application.
Other Matters
5The hearing is currently scheduled to begin on September 13, 2010 and is scheduled for one day. As of this writing the applicant does not appear to have filed a Statement of Additional Facts, a list of his proposed witnesses and a summary of their expected testimony. The respondents have provided very brief summaries of the expected evidence of each of the four individual respondents. At a minimum it appears that the Tribunal will hear from 5 witnesses, the applicant and the four individual respondents.
6In some cases the Tribunal with the parties' consent has significantly expedited the hearing of these matters by the use of detailed will-says in lieu of all or part of examination in chief. Written submissions after the conclusion of the evidence are also often used to expedite the adjudication of Applications. The parties also may wish to consider the advisability of bifurcating the adjudication of this matter, dealing with liability first and remedy if liability is established.
7In order to ensure the fair, just and expeditious resolution of this Application the Tribunal makes the following further directions:
The applicant shall immediately deliver and file a statement of additional facts, if anything more than the facts set out in the human rights complaint is to be relied upon;
The applicant shall immediately provide a list of his proposed witnesses and deliver and file a detailed summary of their expected evidence at the latest on Thursday September 10, 2010;
The respondents shall deliver and file a detailed summary of the expected evidence of the four proposed witnesses at the latest on Thursday September 10, 2010.
8The Member presiding at the hearing will hear the parties' submissions on the scope of examination of witnesses and the bifurcation issue.
9The Tribunal may issue further directions as required.
Dated at Toronto, this 26th day of August, 2010.
"Signed By"
_______________________________
David Muir
Vice-chair