Smith v. Camis, 2012 HRTO 1199

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gillian Smith Applicant

-and-

Camis Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: June 18, 2012 Citation: 2012 HRTO 1199 Indexed as: Smith v. Camis

WRITTEN SUBMISSIONS

Camis, Respondent

Carol VandenHoek, Counsel

1On February 7, 2012, the Tribunal issued a Notice of Confirmation of Hearing indicating that the hearing into this Application is scheduled for September 12, 2012.

2The Notice stated that, in accordance with Rule 16.1 of the Tribunal’s Rules of Procedure (“Rules”), the parties were required by February 28, 2012 to provide a list of all arguably relevant documents and a copy of each document (excluding any items for which privilege is claimed) and to file with the Tribunal a Statement of Delivery confirming compliance with Rule 16.1.

3On May 28, 2012, the respondent filed a Request for Order During Proceedings (“Request”) asking that the Tribunal order the applicant to produce all arguably relevant documents. The respondent indicates that it complied with its disclosure requirements under Rule 16.1.

4The Tribunal grants the respondent’s Request and orders the applicant to comply with the obligations of Rules 16.1.

5It is important for parties to adhere to the Tribunal’s Rules regarding disclosure so that each party is properly apprised of the case it has to meet and so that the Application may proceed in a timely and fair manner to a full hearing.

6As stated in the Notice, there are serious consequences if the steps required by the Tribunal’s Rules are not fulfilled. Rule 16 provides that no party may rely on or present any document not included on a document list and provided to the other parties and the Tribunal, except with the permission of the Tribunal. Failure to comply with Rule 16 may result in the Tribunal refusing permission to introduce documents or rely on evidence of not disclosed. Further, Rule 5.6 states that when a party fails to deliver materials to another party as required by the Rules, the Tribunal may refuse to consider the material or may take any other action it considers appropriate.

7The Tribunal’s Notice also indicated that, in accordance with Rules 16 and 17, the parties are required by July 30, 2012 to deliver to every other party and file with the Tribunal a witness list, witness statements, and copies of documents the party intends to rely upon no later than 45 days prior to the hearing. The Notice summarized the requirements as follows:

The parties must deliver to every other party and file with the Tribunal:

• a list of all documents the party intends to rely on at the hearing;
• a copy of each document on that list for the Tribunal;
• a copy of every document on that list for each party or confirmation every document has already been provided to the other parties;
• a witness list that includes the name of every witness, including expert witnesses, the party intends to present to the Tribunal;
• a statement summarizing the expected evidence of each witness;
• where the party intends to rely on the evidence of a proposed expert witness, a copy of the expert’s written report or a full summary of the expert’s proposed evidence and the expert’s curriculum vitae;
• the Statement of Delivery of the Rule 16.2 list and documents on the other parties.

8In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

Order

9The applicant is directed to immediately comply with Rule 16.1. If the applicant has not done so within 7 days of the date of this Interim Decision, the Tribunal may take any or all of the steps in Rule 5, including considering whether the Application should be dismissed as abandoned, not permitting the applicant to call any witnesses at the hearing, etc.

10Within 7 days of the date of this Interim Decision, the applicant must deliver to the respondent a list and copy of all arguably relevant documents in her possession and if no such documents exist confirmation of the same. The applicant must also file with the Tribunal a copy of the list of arguably relevant documents and if no such documents exist confirmation of the same. The applicant must file a Statement of Delivery confirming the materials were delivered to the respondent.

11I am not seized of this matter.