HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Larisa Gridin
Applicant
-and-
Integrated Technology Ltd.
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: May 14, 2012
Citation: 2012 HRTO 969
Indexed As: Gridin v. Integrated Technology Ltd.
1This Application was filed on August 27, 2010, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of sex and sexual solicitation and/or advances. The respondent Integrated Technology Ltd. has filed a Response denying the allegations in the Application. This matter is scheduled for a hearing in Toronto on June 11, 12 and 13 2012.
2This Interim Decision addresses a number of procedural issues.
3On April 26, 2012, the respondent delivered to the applicant and filed with the Tribunal a Request for an Order During Proceeding seeking the dismissal of the Application on the basis that the applicant has not complied with the Tribunal’s disclosure Rules.
4The applicant has not filed a Response to the respondent’s Request for Order.
Decision
5The Tribunal's Rules of Procedure state as follows:
16.2 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must deliver to every other party (and file a Statement of Delivery):
a) a list of documents upon which the party intends to rely; and
b) a copy of each document on the list or confirmation that each document has already been provided to the other parties in accordance with Rule 16.1.
16.3 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must file with the Tribunal:
a) a list of documents upon which the party intends to rely; and
b) a copy of each document contained on the list.
16.4 No party may rely on or present any document not included on a document list and provided to other parties in accordance with Rule 16.1 and 16.2, and filed with the Tribunal under Rule 16.3, except with the permission of the Tribunal.
17.1 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must deliver a witness list to every other party and file it with the Tribunal, along with a Statement of Delivery. The witness list must include the name of every witness, including expert witnesses, the party intends to present to the Tribunal.
17.2 The witness list must include a brief statement summarizing each witness’ expected evidence.
17.3 A copy of an expert witness’ written report, or full summary of proposed evidence, and curriculum vitae must accompany the witness list.
17.4 No party may present a witness whose name and summary of evidence was not included in a witness list and delivered and filed in accordance with Rules 17.1 and 17.2 or present an expert witness if material has not been delivered and filed in accordance with Rule 17.3, except with the permission of the Tribunal.
6The Notice of Hearing indicates that the parties must exchange all arguably relevant documents by December 27, 2011. Clearly, the applicant has not complied with this obligation. Further, as of the date of this Case Assessment Direction, the applicant has failed to deliver to the respondent and file with the Tribunal, the documents that she intends to rely on at the hearing; a list of witnesses; and a summary of their intended evidence. These materials should have been filed April 27, 2012. It is appropriate in these circumstances to Order the applicant to comply with her disclosure obligations.
7However, though the respondent asserts that the Application should be dismissed because it is prejudiced by the late disclosure of documents, I find that it would not be appropriate to make such an Order at this time. The respondent, after it has received the applicant’s materials can make further submissions, if it wishes, on the issue of prejudice and the Tribunal will address this issue at that time.
Order
8The Tribunal therefore makes the following Order:
a) The applicant will immediately deliver to the respondent all documents in her possession which are arguably relevant to the issues raised in the Application, Response and Reply. The applicant must confirm in writing to the Tribunal that she has done so no later than May 21, 2012;
b) The applicant will immediately deliver to the other party all documents upon which she intends to rely at the hearing (“Hearing Document List”) and a copy of each document on that list, or confirmation that she does not intend to rely on any documents during the course of the hearing. The applicant will also file with the Tribunal a copy of the Hearing Document List and a copy of each document on that list, or advise the Tribunal in writing that she does not intend to rely on any documents during the hearing no later than May 21, 2012;
c) The applicant will immediately deliver to the other party a witness list and a detailed summary of the expected evidence (will-says) of each witness. Specific events should be described and, if possible, specific dates should be given. The witness list and the will-say statements of each witness must be filed with the Tribunal no later than May 21, 2012; and
d) The applicant will immediately confirm to the respondent whether she is prepared to confine her evidence to the issues and allegations made in the Application and Reply in which case the Application and Reply will serve as her will-say statements. The applicant must confirm with the Tribunal whether she intends to confine her evidence to the Application and Reply no later than May 21, 2012.
9If the applicant does not comply with the directions in this Interim Decision then the Application may be dismissed as abandoned.
Dated at Toronto, this 14^th^ day of May, 2012.
“Signed by”
Geneviève Debané
Vice-chair