Human Rights Tribunal of Ontario
B E T W E E N:
Carolyn Fuschi
Applicant
-and-
Essex County Division Program Inc.
Respondent
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Fuschi v. Essex County Division Program Inc.
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on January 16, 2012, alleging discrimination with respect to employment on the basis of disability. The applicant's narrative makes allegations with respect to the unfair treatment and the imposition of a one-year contract.
2The respondent filed a Response on February 22, 2012 denying the allegations.
3On March 8, 2012, the applicant filed a Request for Order During Proceedings ("RFOP") asking that the Tribunal order the respondent to provide all relevant documents and, specifically, disclosure and production of any employment contracts signed by the applicant.
4The respondent filed submissions on March 14, 2012 objecting to the applicant's request. The respondent submits that the applicant is not entitled to a disclosure order at this early stage of the proceedings.
5The Tribunal's Rules of Procedure ("Rules") sets out the obligations and requirements that parties must satisfy with respect to exchange of arguably relevant information and production of anticipated evidence.
6Rule 16 contemplates that parties to an Application will exchange arguably relevant documents 21 days after the Notice of Hearing is issued by the Tribunal, which has not yet occurred in this case. The documents sought by the applicant may potentially be part of the respondent's arguably relevant disclosure. Consequently, the Tribunal must deny the applicant's request for disclosure and production because the request is premature.
7For the reasons stated above, the applicant's request is denied.
8I am not seized.
Dated at Toronto, this 27th day of August, 2012.
"Signed by"
Ena Chadha
Vice-chair