Mathew Wozenilek v. Liz Sandals, 2011 HRTO 1015

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mathew Wozenilek

Applicant

-and-

Liz Sandals

Respondent

Interim Decision

Adjudicator: Ena Chadha

Date: May 27, 2011

Citation: 2011 HRTO 1015

Indexed as: Wozenilek v. Liz Sandals

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") on February 2, 2011, alleging discrimination with respect to services, goods and facilities on the basis of disability.

2The respondent filed a Response on April 4, 2011 and the applicant filed a Reply on April 27, 2011.

3On April 27, 2011, the applicant also filed a Request for Order During Proceedings ("Request") asking that respondent be ordered to produce various documents, including a lease agreement, the respondent's notes, the constituency office's budget, costs estimate and an architectural report. The applicant indicates that these documents are relied upon by the respondent as part of her defence in her Response and, therefore, it is necessary for the applicant to see the actual items.

4On May 10, 2011, the respondent filed a response objecting to the applicant's Request as premature because the Tribunal's procedures triggering disclosure between the parties has not occurred in this case.

DECISION

5Pursuant to Rule 16 of the Tribunal's Rules of Procedure ("Rules"), all arguably relevant documents in the possession of a party must be disclosed to other parties no later than 21 days after the Tribunal sends a Confirmation of Hearing. Pursuant to Rule 17 of the Tribunal's Rules, parties must exchange witness lists and summary of expected evidence no later than 45 days prior to the first scheduled hearing day. Further, copies of documents intended to be relied upon in the hearing are required to be exchanged at this time.

6The applicant's request for production of the various documents is denied. As no Confirmation of Hearing has been issued in this case, the applicant's request for disclosure is premature. There are no special circumstances that justify a disclosure order at this stage of the process.

7Given that the respondent has indicated that she is amenable to participating in mediation, the applicant is asked to advise the Tribunal in writing, copied to the applicant, within 5 days of the date of this Interim Decision whether he is willing to participate in mediation. If so, mediation will be scheduled. If the applicant does not respond or does not consent to mediate, the Application will proceed by normal course of the Tribunal's process.

8I am not seized of this matter.