Distler v. HILL Program Inc., 2013 HRTO 22

Human Rights Tribunal of Ontario

Between:

Danielle Distler Applicant

-and-

HILL Program Inc. Respondent

Interim Decision

Adjudicator: Naomi Overend Date: January 4, 2013 Citation: 2013 HRTO 22 Indexed as: Distler v. HILL Program Inc.

Written Submissions

HILL Program Inc., Respondent Karen C. Watters, Counsel

1The applicant filed this Application on August 13, 2012, alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The purpose of this Interim Decision is to address the respondent's Request for an Order During Proceedings (Form 10) seeking particulars from the applicant.

2The respondent filed its Request for particulars on December 5, 2012 seeking particulars of the applicant's claim for damages. The applicant did not file a Response to the Request for Order (Form 11) and the time for doing so has now passed.

3The Tribunal generally does not require an applicant to provide particulars of his or her claim for damages at this stage of the proceedings. Rule 16 of the Tribunal's current Rules of Procedure set out rules for the disclosure and production of documents by the parties. This Rule is triggered by the issuance of the Notice of Hearing, which has not yet happened in this case. While the Tribunal can, and has, exercised its discretion to allow for early production of documents, the respondent has not identified exceptional circumstances in this case.

4In the event that this matter proceeds to a hearing, the respondent can request documents in support of the applicant's quantum of damages. Having said that, the applicant may wish to voluntarily provide particulars and/or documents in support of her damages in advance of the mediation, which will be scheduled, to facilitate the mediation process.

5The respondent's request for particulars is dismissed.

6I am not seized of this matter.