Jonathon Shepherd v. York District Catholic School Board, 2010 HRTO 718

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jonathon Shepherd

Applicant

-and-

York District Catholic School Board

Respondent

INTERIM DECISION

Adjudicator: David Shannon

Date: March 31, 2010

Citation: 2010 HRTO 718

Indexed as: Shepherd v. York District Catholic School Board

1A hearing in this matter was held on February 19, 2010. The parties attended and the respondent requested an adjournment of the hearing on the basis that it required disclosure of materials in the possession of a third party, Bartimaeus, which had also employed the applicant at times relevant to this Application. In an earlier Interim Decision, 2010 HRTO 278, the Tribunal made the following order:

This is an appropriate case to order a non-party, Bartimaeus to disclose the arguably relevant information. As Bartimaeus has not been given prior notice that this production may be made, they will have seven days from the date of this Interim Decision to file submissions on why the documents should not be disclosed or to provide the following documents:

• Any documentation regarding the relationship between Bartimaeus and the applicant during the years 2006 and 2007.

2When the hearing commenced, only a two-page blank contract that would have been signed by the applicant had been produced. Bartimaeus advised that information in its possession related to the applicant may have disappeared, but that was not confirmed.

3The respondent submitted that the missing documents went to the heart of this Application both with respect to liability and remedies. As a result, this hearing could not be bifurcated for to do so would equally prejudice the process and outcome of this hearing.

4Counsel for the applicant raised a further concern that if his client was unable to complete his oral evidence because all parties were to await further production of documents then he would be prejudiced by the fact that his client could not provide instructions until his testimony was complete.

5Under these circumstances I adjourned the February 19, 2010 hearing.

6The applicant is directed to obtain and disclose documents in Bartimaeus’ possession pursuant to the Tribunal’s Interim Decision or to advise if Bartimaeus has failed to produce those documents by no later than May 1, 2010. The Tribunal may make further case management directions.