Human Rights Tribunal of Ontario
B E T W E E N:
Amber Zimmermann Applicant
- and-
Ontario Lottery and Gaming Corporation Respondent
INTERIM decision
Adjudicator: Ian R. Mackenzie Date: August 11, 2011 Citation: 2011 HRTO 1498 Indexed as: Zimmermann v. Ontario Lottery and Gaming Corporation
APPEARANCES wRITTEN SUBMISSIONS
Amber Zimmermann, Applicant ) Self-represented Ontario Lottery and Gaming Corporation, ) Caroline Cohen, counsel Respondent )
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in employment on the basis of sex by the Ontario Lottery and Gaming Corporation (the “respondent”).
2The respondent filed a Request for Order during Proceedings (“RFOP”) on July 21, 2011. The respondent requested an order that the documents and a DVD of security camera video that it would be disclosing to the applicant not be used for any purpose other than for the purposes of this Application.
3The applicant opposed the request relating to the DVD. However, the applicant appears to have misunderstood the nature of the request. She states that the security camera video is supporting evidence for her Application and she needs it to support her case.
4Limiting the use of disclosed evidence (whether documents or other forms of evidence) to the legal proceeding for which the disclosure was made is a common undertaking in administrative tribunal proceedings. In this case, the applicant is not represented and consequently an order of the Tribunal has been requested.
5The applicant has not stated that she wishes to use the disclosed documents and DVD for any other purpose than this Application. Consequently, her objection to the RFOP is misplaced. The respondent is clearly meeting its disclosure obligations in providing the documents and the DVD and is not suggesting that the applicant cannot use the DVD in this proceeding.
6In the interests of certainty, the Tribunal will order the applicant not to use the disclosed documents and DVD for anything but the present Application.
Decision
7The Tribunal makes the following order:
a) The applicant shall not use the documents and DVD received from the respondent as part of the disclosure process for any other purpose than the present Application.
8I am not seized.
Dated at Toronto, this 11th day of August, 2011.
”Signed by”
Ian R. Mackenzie Vice-chair