HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Cathy Ruggles
Applicant
- and-
Toronto Transit Commission
Respondent
INTERIM decision
Adjudicator: Douglas Sanderson
Indexed as: Ruggles v. Toronto Transit Commission
1This is an Application filed November 30, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in goods, services and facilities on the basis of race and colour. This Interim Decision addresses a Request for Order During Proceeding filed by the respondent on October 26, 2011 to order the applicant to comply with his disclosure obligations under the Tribunal’s Rules of Procedure.
2This matter is scheduled for hearing on November 14 and 15, 2011. In the Notice of Confirmation of Hearing, the Tribunal established deadlines for disclosure pursuant to Rules 16 and 17 or the Tribunal’s Rules of Procedure, which state as follows:
RULE 16 DISCLOSURE OF DOCUMENTS
16.1 Not later than 21 days after the Tribunal sends a Confirmation of Hearing to the parties, each party must deliver to every other party (and file a Statement of Delivery):
a) a list of all arguably relevant documents in their possession. Where a privilege is claimed over any document the party must describe the nature of the document and the reason for making the claim; and,
b) a copy of each document contained on the list, excluding any documents for which privilege is claimed.
16.2 Unless otherwise ordered by the Tribunal, not later than 45 days prior to the first scheduled day of hearing, each party must deliver to every other party (and file a Statement of Delivery):
a) a list of documents upon which the party intends to rely; and
b) a copy of each document on the list or confirmation that each document has already been provided to the other parties in accordance with Rule 16.1.
16.3 Unless otherwise ordered by the Tribunal, not later than 45 days prior to the first scheduled day of hearing, each party must file with the Tribunal:
a) a list of documents upon which the party intends to rely; and
b) a copy of each document contained on the list.
16.4 No party may rely on or present any document not included on a document list and provided to other parties in accordance with Rule 16.1 and 16.2, and filed with the Tribunal under Rule 16.3, except with the permission of the Tribunal.
RULE 17 DISCLOSURE OF WITNESSES
17.1 Unless otherwise ordered by the Tribunal, not later than 45 days prior to the first scheduled day of hearing, each party must deliver a witness list to every other party and file it with the Tribunal, along with a Statement of Delivery. The witness list must include the name of every witness, including expert witnesses, the party intends to present to the Tribunal.
17.2 The witness list must include a brief statement summarizing each witness’ expected evidence.
17.3 A copy of an expert witness’ written report, or full summary of proposed evidence, and curriculum vitae must accompany the witness list.
17.4 No party may present a witness whose name and summary of evidence was not included in a witness list and delivered and filed in accordance with Rules 17.1 and 17.2 or present an expert witness if material has not been delivered and filed in accordance with Rule 17.3, except with the permission of
The respondent has complied with its disclosure obligations. The Tribunal’s records, however, indicate that the applicant has filed a compact disc containing a recording, but no other documents. Accordingly, the applicant has not complied with her disclosure obligations.
3Given the rapidly approaching hearing date, the applicant shall immediately comply with Rules 16.1, 16.2, 16.3, 17.1 and 17.2 and, in particular the applicant shall deliver to the respondent and file with the Tribunal the following documents:
All documents the applicant intends to rely upon at hearing (rule 16.2 and 16.3),
A list of the witnesses the applicant intends to present (Rule 17.1);
A brief statement summarizing the expected evidence of each witness (Rule 17.2), including her own expected evidence.
4The applicant is reminded that the Tribunal may decline to admit documents or allow a witness to testify if a party has not complied with Rules 16 and 17 (see Rules 16.4 and 17.4).
Dated at Toronto, this 31st day of October, 2011.
“signed by”
Douglas Sanderson
Vice-chair```