HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lilly Widdis
Applicant
-and-
Desjardins Group/Desjardins General Insurance
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Widdis v. Desjardins Group
WRITTEN SUBMISSIONS
Lilly Widdis, Applicant
Rani Khan, Counsel
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of creed. The respondent has filed a Response denying the allegations in the Application. This matter is scheduled for hearing on November 5, 2012, in Toronto.
2This Interim Decision addresses the applicant’s Request for an Order During Proceedings (the “Request for order”) filed on October 24, 2012 seeking an Order compelling the respondents to provide more detailed witness statements.
3In a Case Assessment Direction dated October 25, 2012, the Tribunal abridged the time for the respondent to file a Response to the Request for order. No Response to the Request for order has been received.
Decision
4In 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.
5Having reviewed the witness statements filed by the respondent I find that they lack in particularity and fail to identify the proposed evidence of its witnesses.
Order
6The Tribunal orders the respondent, by no later than October 31, 2012, to deliver to the applicant and to file with the Tribunal detailed witness statements that particularize and identify the proposed evidence of each of its witnesses.
7If the respondent does not comply with the Orders in this Interim Decision, the Tribunal may take any or all of the steps in Rule 5, including not permitting the respondent to call any witnesses at the hearing.
Dated at Toronto, this 29th day of October, 2012.
“Signed by”
Geneviève Debané
Vice-chair