Coon v. Monteith Building Group Ltd., 2013 HRTO 1073

Human Rights Tribunal of Ontario

B E T W E E N:

Valerie Coon

Applicant

-and-

Monteith Building Group Ltd. and David Jefferies

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: June 17, 2013 Citation: 2013 HRTO 1073 Indexed as: Coon v. Monteith Building Group Ltd.

WRITTEN SUBMISSIONS

Monteith Building Group Ltd. and David Jefferies, Respondents

Jayne Ramsay, Representative

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging reprisal and discrimination with respect to employment because of sex.

2A Notice of Hearing was delivered to the parties on April 29, 2013, informing them that the hearing date is September 30, 2013. The Notice informed the parties that they must send to each other all arguably relevant documents in their possession, and to the Tribunal proof that they have done so, by May 21, 2013. Only the respondents have complied.

3The Notice also reminded the parties that, pursuant to Rules 16 and 17 of the Tribunal's Rules of Procedure, they must file with the Tribunal and deliver to each other, by August 16, 2013, a list of the documents upon which they intend to rely at the hearing, a copy of each document, a list of their witnesses, and a summary of what each will say.

4This Interim Decision directs the applicant to comply with Rule 16.1 immediately by filing proof that she has delivered all arguably relevant documents to the respondents. It also deals with several requests recently filed by the respondents, granting only their request for particulars with respect to the identity of the "boss" who allegedly made a comment quoted in the Application.

REQUESTS BY THE RESPONDENTS

Request for Particulars

5The respondents filed a request for particulars, namely, the name of the "boss" who the applicant alleges made a comment on September 8, 2011 as described in section 8 of the Application: "Val is just cranky and she needs a good f—k, who wants to do the job?"

6The applicant has not responded to this request, and the time for doing so has now passed.

7The alleged comment is likely to be relevant to the allegations in the Application, and the applicant is ordered to immediately deliver to the respondents and file with the Tribunal the name of the "boss" who allegedly made the comment.

Request for the Removal of the Personal Respondent

8The respondents filed a Request for Order During Proceedings to remove the personal respondent. The applicant has not responded to the Request. This Request will not be dealt with until the applicant has provided the name of the "boss" who allegedly made the comment described above.

Request for the Applicant's List of Witnesses

9The respondents have requested that the applicant provide a list of all the witnesses who she intends to have testify at the hearing, and they argue that the release by the Tribunal of the witnesses listed in the Response may advantage the applicant.

10Rule 17 requires parties to exchange witness lists and summaries of what the parties expect them to say no later than 45 days prior to the first scheduled hearing day. The witnesses that the parties choose to put on those lists may not be the witnesses listed in their Application or Response. The respondents have not satisfied me that an exception should be made by the Tribunal to require disclosure of the intended witnesses in advance of the Rule. Consequently, the Tribunal denies the respondents' request for the applicant's witness list because the request is premature.

DIRECTION TO APPLICANT

11The applicant must immediately file a Form 23 with the Tribunal confirming that she has complied with the disclosure of arguably relevant documents to the respondents. If she has not yet disclosed those documents, then she must immediately inform the Tribunal, copying the respondents, with the reason why not.

ORDER

12The applicant is ordered to immediately deliver to the respondents and file with the Tribunal the name of the "boss" who allegedly made the comment identified above.

NEXT STEP

13If the applicant does not comply with the direction and order above within 14 days, then the Tribunal may dismiss the Application as abandoned. If she does comply, then the next step for the parties will be that they must file with the Tribunal and deliver to each other, by August 16, 2013, a list of the documents upon which they intend to rely at the hearing, a copy of each document, a list of their witnesses, and a summary of what each will say.