Ahmadli v. Zale Canada Co., 2012 HRTO 2363

Human Rights Tribunal of Ontario

Between:

Afat Ahmadli Applicant

-and-

Zale Canada Co. and Donna Medd Respondents

Interim Decision

Adjudicator: Sheri Price Decision Date: December 18, 2012 Citation: 2012 HRTO 2363 Indexed as: Ahmadli v. Zale Canada Co.

Written Submissions

Afat Ahmadli, Applicant Self-represented

Zale Canada Co. and Donna Medd, Respondents Lisa Washington-Watts, Representative

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"). The applicant has filed a Request for an Order during Proceedings seeking an order requiring the respondents to produce certain documents and things; and an order permitting the applicant to amend her Application by increasing the amount of monetary compensation sought.

Request for Production

2In her Request for an Order during Proceedings, the applicant seeks production of certain tapes and documents referred to in the respondents' Response to the Application. The applicant indicates that she wishes to obtain these things so that she can determine their authenticity and/or to disprove the respondents' allegations.

3Rule 16 of the Tribunal's Rules of Procedure set out rules for the disclosure and production of documents by the parties. As the respondents point out, this Rule is triggered by the issuance of the Notice of Hearing, which has not yet happened in this case.

4The Tribunal has exercised its discretion to allow for early production of documents, but only in exceptional circumstances, such as where a respondent is unable to file a Response or the applicant is not able to ascertain the identity or contact information for a proposed respondent. The applicant has not identified any such exceptional circumstances in this case.

5The applicant's request for production at this stage is denied as premature.

Request to Amend Application

6In her original Application, the applicant sought the sum of $25,360.00 as monetary compensation for the alleged infringement of her rights under the Code. In her Request for an Order during Proceedings, the applicant seeks to increase that amount by $115,000.00. The applicant indicates that the additional amount is sought as monetary compensation for the alleged injury to the applicant's dignity, feelings and self-respect and/or the alleged infringements of her rights under the Code.

7The respondents have not identified any prejudice that would result if the applicant's request to amend her Application were granted. In keeping with the Tribunal's general approach to such requests, the applicant's request to amend her Application to increase the amount of monetary compensation sought is granted. The amendments are made without any determination by the Tribunal as to the merits of the allegations or the appropriateness of the remedies sought.

Order

8In summary, I have made the following orders:

1. The applicant's request for production of documents is denied as premature.
2. The applicant's request to amend her Application is granted.

9I am not seized of this matter.