George Berger v. City of Toronto and Frances Nunziata, 2010 HRTO 442

1This Application was filed under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision addresses issues arising out of an earlier Interim Decision 2010 HRTO 419. The hearing in this matter is scheduled to commence on March 2, 2010.

2In the prior Interim Decision, I determined which documents are arguably relevant. I understood that the respondents had disclosed most of those documents. That is not the case. The respondents believe they were precluded from disclosing them without an Order from Tribunal. Accordingly, the respondents are ordered to disclose the following documents immediately:

• With respect to the Senior Project Analyst position, the relevant documents regarding the five candidates who moved to the interview stage.

• With respect to the Committee Administrator Position, the relevant documents regarding those nine candidates who moved to the interview stage.

• With respect to the Division Coordinator position, the assessment tests of the three candidates, including the applicant.

• With respect to the Senior Cultural Development Officer position, relevant documents regarding the three candidates who moved to the interview stage.