HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
John Roffelsen
Applicant
-and-
Affinity Jewellers Limited and Brent Denure
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Roffelsen v. Affinity Jewellers Limited
1On February 11, 2011, the Tribunal deferred this Application pursuant to the consent of all parties. The Application was deferred pending the disposition of criminal charges against the applicant.
2On November 21, 2011, counsel for the applicant wrote to the Tribunal and indicated that the Application should continue because the criminal charges against the applicant have been withdrawn by the Crown Attorney. Counsel later advised that he no longer represents the applicant.
3On January 12, 2012, the applicant filed a Request for Order During Proceedings asking that the Tribunal reactivate his Application. The applicant also requested an extension of time to allow him to “complete the file, and obtain all necessary evidence.”
4The respondents have not filed a response to the applicant’s request to reactivate.
5On February 14, 2012, new counsel for the applicant wrote to the Tribunal reiterating the request to reactivate the Application and the request for an extension of time.
6Based on the information provided by previous counsel for the applicant, it appears that there is no outstanding criminal proceeding. As such, there is no basis to continue deferring this Application. The Tribunal will reactivate the Application.
7It appears that the applicant seeks an extension of time to secure and organize his witness evidence. Rule 16 and 17 of the Tribunal’s Rules of Procedure establish a structure for pre-hearing disclosure of arguably relevant documents, exchange of documents intended to be relied upon at the hearing and a summary of expected witness evidence. Pursuant to Rule 16, all arguably relevant documents in the possession of a party must be disclosed to other parties no later than 21 days after the Tribunal sends a Confirmation of Hearing and copies of documents intended to be relied upon in the hearing are required to be exchanged no later than 45 days prior to the first scheduled hearing day. Pursuant to Rule 17, parties must exchange witness lists and a summary of expected evidence no later than 45 days prior to the first scheduled hearing day. The Tribunal’s Rules are available from the Tribunal’s web site: www.hrto.ca.
8I find that it is unnecessary at this stage of the Tribunal’s process to grant the applicant additional time to prepare his evidence. No hearing has been scheduled and, as such, the timeline for exchange of arguable relevant disclosure between the parties has yet to be triggered. Accordingly, the applicant’s request for an extension of time to prepare his evidence is denied.
9The Tribunal reactivates the Application.
10I am not seized.
Dated at Toronto, this 24th day of February, 2012.
”signed by”
Ena Chadha
Vice-chair