HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Maria Garcia
Applicant
-and-
2093132 Ontario Inc. operating as Patty Bolands
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Garcia v. Patty Bolands
WRITTEN SUBMISSIONS
Maria Garcia, Applicant ) Self-represented
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (“Code”). The matter has been set down for hearing in Ottawa on March 22, 2011.
2On February 28, 2011, the applicant filed a Request for an Order During Proceedings (“Request”) seeking an order requiring the disclose to her the full names and last known coordinates of two potential witnesses.
3On March 15, 2011, the Tribunal issued an Interim Decision, 2011 HRTO 521, requiring the respondent to disclose this information to the applicant.
4On March 16, 2011, the applicant wrote to the Tribunal and to the respondent in English clarifying that the potential witnesses are or were employed by the Cornerstone Restaurant. She clarified that she was seeking an order requiring the Cornerstone Restaurant to disclose the complete names and last known addresses of Katie McCrea and Amelie.
5The applicant alleges that the respondent contacted these two potential witnesses and made statements about the incidents that give rise to the Application.
6The Request was served on the Cornerstone Restaurant on February 28, but Cornerstone Restaurant has not responded to the Request and the time for doing so under the Tribunal’s Rules of Procedure (“Rules”) has elapsed.
7Rule 1 of the Tribunal’s Rules states that the Tribunal may:
Require a party or other person to produce any document, information or thing and to provide such assistance as is reasonably necessary, including using any date storage, processing or retrieval device of system, to produce the information in any form. (See also s. 43(3) of the Code.)
8On the basis of the materials before me and in the absence of any response from Cornerstone Restaurant, I am satisfied that the evidence of these witnesses would be arguably relevant.
9Accordingly, within two days of this Interim Decision, the Cornerstone Restaurant is required to disclose to the applicant and to the Tribunal the information it has regarding the full names and last known addresses of Katie McCrea and Amelie.
10By 10:00 am on Monday, March 21, 2011, if the applicant wishes to request an adjournment of the hearing in order to contact these potential witnesses, she must file a Request and provide it to the respondent and the applicants in Tribunal file numbers 2009-1197-I; 2009-01235-I; 2009-01430-I; 2009-01246-I; 2009-01241-I; and 2009-01054-I (“Related Matters”).
11By 1:00 pm on Monday March 21, 2011, should the respondent wish to oppose any request for adjournment filed by the applicant, it must file its Response and provide a copy to the applicant and the applicants in the Related Matters.
Dated at Toronto, this 18th day of March, 2011.
”signed by”___________
Michelle Flaherty
Vice-chair