HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marissa Steiner
Applicant
-and-
eTopia Communications Inc.
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Steiner v. eTopia Communications Inc.
WRITTEN SUBMISSIONS
Marissa Steiner, Applicant
Jack Siegel, Counsel
eTopia Communications Inc., Respondent
Daniel Lublin, Counsel
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 discrimination with respect to employment because of sex.
2A Notice of Hearing was sent out on July 11, 2013 confirming that a hearing in this matter is scheduled for February 3, 4 & 5, 2014. The Notice of Hearing stated that pursuant to the Tribunal's Rules of Procedure ("Rules"), the parties were required to exchange all arguably relevant disclosure by August 1, 2013 (Rule 16). The applicant failed to comply.
3The respondent made a Request for an Order During Proceedings ("RFOP"), dated September 24, 2013, asking that the applicant comply with Rule 16 or in the alternative that the Application be dismissed.
4The applicant filed a Response, dated October 7, 2013 advising that there had been miscommunication between the applicant and her representative, resulting in the failure to comply with Rule 16, but stating that the disclosure is being prepared. The applicant consents to an Order for compliance.
analysis and decision
5Rule 16 of the Tribunal's Rules requires pre-hearing disclosure of arguably relevant documents, and the applicant intends to provide such documents.
6Therefore, within 14 days of the date of this Interim Decision, the applicant must deliver to the respondents a list and copy of all arguably relevant documents.
7The hearing is not scheduled to take place until February, 2014, so while the failure to provide arguably relevant documents must be remedied, it will not be prejudicial to the respondent to receive them within 14 days of the date of this Interim Decision. Therefore, it is not appropriate to order a dismissal of the Application, particularly in this circumstance where there has been a miscommunication between counsel and the applicant, and no intention by the applicant to abandon the Application.
Order
8The Tribunal orders that the applicant shall provide its arguably relevant documents within 14 days of the date of this Interim Decision.
Dated at Toronto, this 17th day of October, 2013.
"signed by"
Dawn J. Kershaw
Vice-chair