HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Antonia Balloi
Applicant
-and-
Humber College Institute of Technology and Advanced Learning
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Balloi v. Humber College
1The purpose of this Interim Decision is to address the respondent’s Request for an Order During Proceeding (Form 10) to remove the individually named respondents and the applicant’s Request for Order During Proceeding seeking production of documents from the respondent.
REMOVAL OF INDIVIDUAL RESPONDENTS
2The applicant filed her Application on August 15, 2011 alleging discrimination in services (education) on the basis of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.10, as amended (the “Code”). In that Application, she names 12 individual respondents. At the same time as they filed the Response, the named respondents filed their Request to remove the 12 individual respondents.
3The applicant filed a Response to the Request for Order in which she consented to the removal of the individual respondents. There is no compelling reason on the face of the Application for continuing against these individuals. In light of the applicant’s consent, the Tribunal orders the removal of the following persons as parties to this proceeding: Jason Hunter, William Hanna, James Cullin, Greg Goraiski, Arthur Campus, Mary Jo Morris, Christine Bartley, Jeff Noland, Dawn Byan, Nancy Simms, Holse Said and Maureen Carnegie.
4The style of cause is amended accordingly. The applicant appears to be somewhat confused as to how to name the respondent. She is advised to name Humber College Institute of Technology and Advanced Learning and not its counsel as the party to this proceeding.
PRODUCTION OF DOCUMENTS
5The applicant filed her Request for production on October 27, 2011, seeking extensive documentary production from the respondent. The respondent filed a Response to the Request (Form 11) opposing the Request as premature, but indicating that it was prepared to produce all arguably relevant documents at the appropriate time.
6Rule 16 of the Tribunal’s current Rules of Procedure set out rules for the disclosure and production of documents by the parties. This Rule is triggered by the issuance of the Notice of Hearing, which has not yet happened in this case. Indeed, the parties have expressed an interest in participating in mediation and that will take place first. Only if the matter does not settle at mediation will the Application be set down for hearing.
7Under the new Rules, the Tribunal has exercised its discretion to allow for early production of documents, but only in exceptional circumstances, such as where a respondent is unable to file a Response or the applicant is not able to ascertain the identity or contact information for a proposed respondent.
8The applicant has not identified any exceptional circumstances in this case. The applicant’s request for production at this stage is denied as premature.
CONSOLIDATION
9This Application appears to be very much related to the Application 2011-09731-I, which is against the Ministry of Training, Colleges and Universities. The parties are directed to advise the Tribunal their position on the consolidation of this file with the above Application within two weeks of the date of this Interim Decision.
ORDER
10In summary, I have issued the following orders/directions:
a. The Tribunal orders the removal of the following persons as parties to this proceeding: Jason Hunter, William Hanna, James Cullin, Greg Goraiski, Arthur Campus, Mary Jo Morris, Christine Bartley, Jeff Noland, Dawn Byan, Nancy Simms, Holse Said and Maureen Carnegie;
b. The Tribunal dismisses the applicant’s Request for production of documents as premature; and
c. The Tribunal directs the parties to advise it of their position on consolidation of this Application with Application 2011-09731-I within two weeks of this Interim Decision.
11I am not seized of this matter.
Dated at Toronto, this 5th day of December, 2011.
“Signed by”
Naomi Overend
Vice-chair