Human Rights Tribunal of Ontario
B E T W E E N:
Michael LeBlanc Applicant
-and-
Toronto Transit Commission Respondent
interim DECISION
Adjudicator: Kathleen Martin Date: February 10, 2011 Citation: 2011 HRTO 257 Indexed as: LeBlanc v. Toronto Transit Commission
1This is an Application filed on December 7, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). This Interim Decision addresses a Request for Order During Proceeding filed by the applicant for documentary disclosure (the “Request”).
2The Application went to mediation on October 27, 2010. The Application was not resolved and is now in the process of being scheduled for hearing.
3On January 7, 2011, the applicant filed the Request seeking production of documents including the “surveillance tape” and all of her files including medical, work location and human resources, and email correspondence within a certain time frame. On January 27, 2011 the respondent filed a response to the Request stating that the Request is premature and should be dismissed.
4I agree with the position of the respondent that the Request is premature. In the normal course, the Confirmation of Hearing will trigger disclosure obligations including the obligation on a party to produce all arguably relevant documents in their possession to the other party. Any requests for production are normally not addressed until after the Confirmation of Hearing has been issued and the parties have complied with their disclosure obligations under the Tribunal’s Rules of Procedure. See Krantz v. Ottawa Police Services, 2009 HRTO 787.
5Having regard to the stage of the Application, the Request is denied. The applicant may file a new request for production following the disclosure process under Rule 16 should he believe that there are documents in the possession of the respondent that are arguably relevant to the issues in the Application that have not been produced.
Dated at Toronto, this 10^th^ day of February, 2011.
”signed by”__________
Kathleen Martin Vice-chair