Shirmohammadi v. 2121200 Ontario Inc., 2012 HRTO 2225

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shahin Shirmohammadi Applicant

-and-

2121200 Ontario Inc., 2121812 Ontario Inc. o/a Ganz, Randy Langdon, Mohd Saheed Bin Maideen, Chris Kempling and Karen Butts Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: November 28, 2012 Citation: 2012 HRTO 2225 Indexed as: Shirmohammadi v. 2121200 Ontario Inc.

APPEARANCES

Shahin Shirmohammadi, Applicant Sajjad Najem, Representative

2121200 Ontario Inc., 2121812 Ontario Inc. o/a Ganz, Randy Langdon, Mohd Saheed Bin Maideen, Chris Kempling and Karen Butts, Respondents Jed Blackburn, Counsel

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 15, 2010, alleging discrimination with respect to employment on the basis of disability, race, place of origin, ethnic origin, creed and age. Some of the allegations have been dismissed in Interim Decisions (2011 HRTO 773 and 2012 HRTO 1091) so that the only allegations remaining are discrimination because of disability and creed.

ADJOURNMENT GRANTED

2The hearing of evidence related to those allegations was scheduled to begin on the morning of November 23, 2012, but was stood down in order for the parties to participate in mediation-adjudication which the parties agreed would be confidential and not raised at the hearing if the hearing were to proceed. At the conclusion of mediation-adjudication, the applicant’s representative received the news that his wife and children had been in an accident. The hearing commenced, and he requested an adjournment of the day to meet his family in the hospital. The respondents agreed and the request was granted.

PRELIMINARY MATTERS

3Both the applicant and the respondents briefly addressed preliminary matters they each wish to raise related to disclosure. The applicant is seeking further disclosure of documents and the respondents are seeking further particulars, and they both agree to file Requests for Orders During Proceedings clarifying their requests.

DIRECTIONS

4If the applicant wishes to pursue her request for further disclosure, then she is directed to file a Request for Order During Proceedings, including submissions that itemize each document requested, why she believes each document exists and to which allegation she believes each document is relevant. Any such Request by the applicant must be filed with the Tribunal and delivered to the respondents within 14 days of the date of this Interim Decision.

5If the respondents wish to pursue their requests for further particulars, then they must file a Request for Order During Proceedings specifying what they need to be clarified by the applicant, specifically referring to paragraph numbers in the Application. Any such Request by the respondents must be filed with the Tribunal and delivered to the applicant within 14 days of the date of this Interim Decision.

6The Tribunal will schedule a half-day teleconference hearing on the above preliminary requests if they are filed, but the parties are reminded that they must abide by the Rules of Procedure in responding to Requests. In the meantime, the Tribunal will schedule a two day hearing for 2013.

7I am seized.