Giulekas v. Downsview Heating & Air Conditioning, 2011 HRTO 428

Human Rights Tribunal of Ontario

B E T W E E N:

Rose Giulekas

Applicant

-and-

Downsview Heating & Air Conditioning Ltd. and 1456875 Ontario Ltd.

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: March 1, 2011

Citation: 2011 HRTO 428

Indexed as: Giulekas v. Downsview Heating & Air Conditioning

1This Application is scheduled for hearing on March 21, 2011. On February 18, 2011, the applicant filed a list of documents she intends to rely on and also a witness statement in respect of her proposed evidence and also the proposed evidence of Betty Shen. The Tribunal had granted the applicant an extension of time in respect of the filing of these documents.

2When the respondents received the February 18, 2011 information, they advised the Tribunal and the applicant that the materials required the respondents to file more documents and also to produce an additional witness. The respondents asked for an extension of time to allow this information to be filed.

3The applicant objects to this request and also indicates that the additional witness should not be allowed to testify on the grounds that her evidence will result in prejudice.

4It is clear that the respondent’s request arises out of the witness statement from Betty Shen. While Ms. Shen was identified as a potential witness in the Application, it was not until February 18, 2011 that the respondents could have known that she will be called and what she is anticipated to say. In these circumstances, I find that nothing improper in the respondent’s request to add an additional witness and additional documents in response to the proposed evidence from Ms. Shen. An extension of time is also reasonable.

5The respondent may file the additional documents and may add an additional witness. The additional documents and the witness statement must be filed with the Tribunal and the applicant by March 4, 2011. Any concerns about prejudice or further issues related to documents or witnesses can be addressed at the hearing.

6At the hearing, in order to provide for the fair, just and expeditious resolution of the matter, the Tribunal may make further procedural directions under Rule 1.7 of the Tribunal’s Rules of Procedure, including directions about the order in which evidence will be presented, or limiting the evidence or submissions on any issue.