Dennison v. Sarafian, 2011 HRTO 924

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Barry Dennison

Applicant

-and-

Edward Sarafian

Respondent

Interim Decision

Adjudicator: David Muir

Date: May 12, 2011

Citation: 2011 HRTO 924

Indexed as: Dennison v. Sarafian

1This is an Application filed pursuant to section 53(5) of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”). This interim decision deals with a Request for Order During Proceedings filed by the applicant seeking an Order requiring the production of documents in advance of the hearing.

2As I understand, the Request is for the production of documents and notes, which may have been prepared by a proposed witness, Marjorie Sansom, of conversations she had with the applicant, the respondent, as well as with Michelle Mulgrave, in or about September 2005, and touching on the issues in dispute in this Application. Ms. Sansom states in her Response to the Request that she is not able to produce the material in the absence of a request under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, or an order of the Tribunal.

3The material described appears to be arguably relevant to the issues in dispute in this proceeding and its production prior to the hearing will be of assistance to the parties in preparing for the hearing.

Other Matters

4The applicant has also requested the addition of an individual respondent on the basis that this individual was named in the original human rights complaint, was involved in the events surrounding the complaint, and was only not named in this Application due to an oversight.

5It remains unclear whether this proposed respondent has been provided with a copy of the Application and the applicant’s Request that he be added as party. The applicant appears to have sent the Request to the current respondent’s email address. It is the applicant’s responsibility to ensure that these materials are delivered to this proposed respondent. Until such time as these materials are delivered to the proposed new respondent in accordance with the Tribunal’s Rules, this aspect of the Request cannot be dealt with.

Order

6The Tribunal orders the following:

I. The witness, Marjorie Sansom, will produce to the applicant within 60 days of the date of this Interim Decision all notes and documents of her discussions with the applicant, respondent and Michelle Mulgrave in or about September 2005 and touching on the issues in dispute in this Application. A copy of this Decision will be provided to Ms. Sansom.

II. The applicant will deliver to the respondent the material produced to him by the witness within 30 days of its receipt.

III. The applicant will file with the Tribunal any of the material produced to him by the witness, which is arguably relevant and upon which he intends to rely at the hearing, within 45 days of his receipt of it from the witness.

7I am not seized of this case.