Human Rights Tribunal of Ontario
Between:
Hussein Hashi Applicant
-and-
Toronto Transit Commission Respondent
Interim Decision
Adjudicator: Naomi Overend Date: May 2, 2012 Citation: 2012 HRTO 869 Indexed as: Hashi v. Toronto Transit Commission
Reasons for Decision
1The purpose of this Interim Decision is to address the respondent’s Request for an Order During Proceeding (Form 10) seeking production of a document from the applicant.
2The applicant filed his Application on January 3, 2012, alleging discrimination in services on the basis of age, race, and sex contrary to the Human Rights Code, R.S.O. 1990, c. H.10, as amended (the “Code”). The respondent filed its Request for production on April 11, 2012, in which it indicated that it was unable to file its Response until it received the information sought in its Request. The applicant did not file a Response to the Request (Form 11) and the time for doing so has now passed.
3In the Request the respondent seeks limited production of a copy of the bus transfer from the applicant. It states that this document would assist it identifying the particular bus operator in question, which it has not yet been able to do on the basis of the information contained in the Application.
4Rule 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 generally triggered by the issuance of the Notice of Hearing, which has not yet happened in this case. Under the Rules, however, the Tribunal has exercised its discretion to allow for early production of documents in exceptional circumstances, such a 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.
5The respondent has identified exceptional circumstances in this case. The applicant has not opposed production of the transfer, which amounts to very limited information, and which the applicant advises in his Application he has retained. The respondent’s Request for production at this stage is granted.
6Within two weeks of the date of this Interim Decision, the applicant is ordered to deliver to the respondent, and file with the Tribunal, a copy of the transfer in question. The respondent is directed to file its Response within 35 days of the date of the receipt of this information.
7I am not seized of this matter.
Dated at Toronto, this 2nd day of May, 2012.
”signed by”________
Naomi Overend Vice-chair