Trina Picard v. Nichole Chartrand, 2012 HRTO 313

Human Rights Tribunal of Ontario

B E T W E E N:

Trina Picard

Applicant

-and-

Nichole Chartrand

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: February 13, 2012

Citation: 2012 HRTO 313

Indexed as: Picard v. Chartrand

1The applicant filed this Application on July 12, 2011, alleging discrimination in employment on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.10, as amended (the “Code”). The purpose of this Interim Decision is to address the respondent’s Request for an Order During Proceeding (Form 10) seeking production of documents from the applicant.

2The respondent filed her Request for production on October 11, 2011 seeking extensive production of employment records from the applicant’s new employer. Although the applicant requested an extension to file her Response to the Request for Order (Form 11), which was granted, no such document was received and the time for doing so has now passed.

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

4Under the new Rules, the 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 respondent has not any identified exceptional circumstances in this case.

5The respondent’s request for production at this stage is denied as premature.

6I am not seized of this matter.