HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Saeed Pahlavan
Applicant
-and-
Best Buy Canada Ltd. o/a Future Shop
Respondent
Interim decision
Adjudicator: Kaye Joachim
Indexed as: Pahlavan v. Best Buy Canada
1The purpose of this Interim Decision is to address the respondent’s Request for Order seeking dismissal of the Application for the applicant’s failure to disclose documents.
2The applicant filed a transition application under Part VI of the Human Rights Code, R.S.O. 1990, C. H.19.
3The Tribunal issued a Notice of Hearing and Required Preparation on April 19, 2010. This Notice advised the applicant to file all relevant documents by May 19, 2010. On June 10, 2010 the applicant wrote to the Tribunal seeking an adjournment of the hearing stating that he needed documents in his apartment and that he was unable to gain access to his apartment at that time. He anticipated obtaining access to the documents by late September 2010. The Tribunal granted the adjournment and set a new date for disclosure (October 15, 2010) and hearing (January 26, 2011). The applicant did not meet this deadline. Instead he sought another adjournment to submit documents.
4The applicant did not submit any further documents. The respondent filed the present request for dismissal alleging that the applicant apparently possesses relevant documents which he has not disclosed.
5The applicant responded stating that he does not intend to rely upon any further documents.
6I have reviewed the Application and the Response. At this stage I am not satisfied that the applicant’s failure to produce any documents would justify dismissing the Application at this time. The hearing is scheduled for January 26, 2011. I do not see that the respondent is prejudiced by the applicant’s failure to produce documents.
7The Request to Dismiss the Application is dismissed. The hearing will proceed as scheduled on January 26, 2011.
Date this 14th day of December 2010.
“Signed by”
Kaye Joachim, Member