Human Rights Tribunal of Ontario
B E T W E E N:
Krzysztof Bednarski
Applicant
-and-
Naka Sales Limited
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Bednarski v. Naka Sales
Reasons for Decision
1The purpose of this Interim Decision is to address the respondent’s Request for an Order During Proceeding (Form 10) seeking permission to rely on documents it has produced after the deadline set out in Rule 16.1 of the Tribunal’s Rules of Procedure.
2A Notice of Confirmation of Hearing was sent to the parties on December 1, 2011, advising them of a hearing scheduled for June 7 and 8, 2012. The parties were advised in that Notice that under Rule 16.1, they were to prepare a list, and produce to each other copies, of all arguably relevant documents.
3The respondent’s counsel did not deliver to the applicant the list and copies of these documents until January 10, 2012. Counsel for the applicant objected to this late production and asked the respondent to seek an order from the Tribunal permitting this. Counsel for the respondent brought the instant Request seeking an order allowing the respondent, pursuant to Rule 16.4, to rely upon the documents produced outside the time limit set out in Rule 16.1 at the upcoming hearing.
4Despite insisting that the respondent bring such a Request, the applicant did not file a Response to the Request. Counsel for the applicant has not suggested that the applicant would be prejudiced by the late production.
5I am prepared to exercise my discretion under Rule 1.7 to lengthen the time limit set out in Rule 16.1 from 21 days to 40 days to allow the respondent to file its list of arguably relevant documents and produce copies of same. As the respondent is now deemed in compliance with Rule 16.1, it is not necessary to make a ruling under Rule 16.4.
6I am not seized of this matter.
Dated at Toronto, this 6th day of March, 2012.
”signed by”__________________
Naomi Overend
Vice-chair