Human Rights Tribunal of Ontario
B E T W E E N:
James Rastel
Applicant
- and-
Dryden Police Services Board and Dale Engstrom
Respondents
INTERIM decision
Adjudicator: Ian R. Mackenzie
Indexed as: Rastel v. Dryden Police Services Board
wRITTEN SUBMISSIONS
James Rastel, Applicant ) Self-represented
Dresden Police Services Board and )
Dale Engstrom, Respondents ) Robert Edwards, Counsel
1James Rastel has filed an Application 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 age. He alleges that the hiring process for police constables by the Dryden Police Services Board is discriminatory. The hearing of the Application is scheduled for November 16-17, 2011.
2The Dryden Police Services Board and Dale Engstrom (the respondents) have filed two Requests for Order during a Proceeding (RFOP): a request to amend the Response and a request for production of documents.
3The applicant provided no submissions on the request to amend the Response to the Application. Accordingly, the respondents’ Response is amended, as filed.
4In his disclosure to the respondents, the applicant stated that he would not disclose notes that he had taken during the evaluation process. He stated that these notes were privileged. The respondents submitted that there is no ground in law, such as solicitor-client or litigation work privileges, that would support the claim. The applicant did not provide any submissions in reply.
5The notes taken by the applicant during the evaluation process are arguably relevant to the proceedings. There is no basis for a claim of privilege. The applicant is therefore required to disclose these notes to the respondents. In accordance with the Tribunal’s Rules, the applicant is required to produce those documents to the respondents immediately.
6The Tribunal makes the following orders:
a. The request to amend the Response is allowed;
b. The production of notes taken by the applicant is ordered;
c. The notes are to be provided forthwith to the respondents.
7I am not seized.
Dated at Toronto, this 23rd day of August, 2011.
”Signed by”
Ian R. Mackenzie
Vice-chair