Human Rights Tribunal of Ontario
B E T W E E N:
Cecilia Airns
Applicant
-and-
Dilico Anishinabek Family Care
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Airns v. Dilico Anishinabek Family Care
WRITTEN SUBMISSIONS
Cecilia Airns, Applicant
Self-represented
Dilico Anishinabek Family Care, Respondent
Mandy Fricot, Counsel
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 discrimination with respect to employment.
2On June 7, 2013, the Tribunal issued to the parties a Notice of Hearing advising that this matter is scheduled for hearing in Thunder Bay on January 27, 28 and 29, 2014.
3On June 27, 2013 the respondent filed Requests for Orders During Proceedings ("RFOPs"). The RFOPs indicate that the respondent consented to the applicant's request to extend the time to respond to the RFOPs to August 16, 2013.
4On August 16, 2013, the respondent consented to the applicant's second extension request to respond to the RFOPs until September 30, 2013.
5As of the date of this Interim Decision the applicant has not provided any response to the RFOPs and has not had any written communication with the Tribunal.
The RFOPs
6The respondent seeks that the applicant particularize the allegations made in the Application and that she disclose all arguably relevant documents.
7I have reviewed the Application and I find that the particulars sought by the respondents are reasonably necessary to their ability to respond to the Application at the hearing. Further, the respondents are entitled to the production of all arguably relevant documents.
Order
8The Tribunal orders:
a. Within 14 days of the date of this Interim Decision the applicant must:
i. Deliver to the respondent and file with the Tribunal detailed particulars of her allegations of harassment and discrimination and how they relate to each ground that she has identified, including but not limited to, the name of the individuals involved, the dates of the alleged incidents and details of the conduct complained of in her Application. The applicant should review each paragraph of her Application to ensure that the above-noted information is fully particularized; and
ii. Deliver to the applicant all arguably relevant documents in her possession, including any of the documents that she references in her Application, including e-mails and any notes and diary entries that she may have made with respect to her allegations.
b. Within 21 days of the receipt of the particulars identified at paragraph 9(a)(1) the respondent may file a written response to the applicant's particulars.
9In the event that the applicant does not comply with the orders in this Interim Decision then the Application may be dismissed as abandoned.
10I am not seized.
Dated at Toronto, this 2nd day of October, 2013.
"signed by"
Geneviève Debané
Vice-chair