Joy Roseclair Barnwell v. Her Majesty in Right of Ontario as Represented by the Ministry of Government Services, 2013 HRTO 21

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joy Roseclair Barnwell

Applicant

-and-

Her Majesty in Right of Ontario as Represented by the Ministry of Government Services

Respondent

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: January 4, 2013

Citation: 2013 HRTO 21

Indexed as: Barnwell v. Ontario (Government Services)

WRITTEN SUBMISSIONS

Her Majesty in Right of Ontario as Represented by the Ministry of Government Services, Respondent

Jennifer Richards, Counsel

1This Interim Decision addresses a Request for Order during Proceedings (“Request”) from the respondent in relation to the applicant’s failure to comply with the disclosure requirements set out in Rule 16 of the Tribunal’s Rules of Procedure (“Rules”). The Application is scheduled for hearing on March 4 and 5, 2013.

2The Notice of Confirmation of Hearing dated July 12, 2012 set out the steps to be taken by the parties in advance of the hearing. The deadline for disclosure of all arguably relevant documents pursuant to Rule 16 was August 2, 2012.

3In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

4The applicant has not complied with Rule 16 nor has she provided a response to the Request filed by the respondent.

5The applicant is directed to immediately provide the respondent with the materials required under Rule 16, and if the applicant has not done so within 7 days of the date of this Interim Decision, the Application may be dismissed as abandoned.

6I am not seized.