Ellerbeck v. Skyline Management Incorporated, 2013 HRTO 614

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anita Ellerbeck Applicant

-and-

Skyline Management Incorporated, Terry Harris, Kelly Nimmert, Richard Izawa and Bob Waterfield Respondents

INTERIM DECISION

Adjudicator: David Muir Date: April 12, 2013 Citation: 2013 HRTO 614 Indexed as: Ellerbeck v. Skyline Management Incorporated

APPEARANCES

Anital Ellerbeck, Applicant Self-represented

Skyline Management Incorporated, Terry Harris, Kelly Nimmert, Richard Izawa and Bob Waterfield, Respondents Kristin A. Ley, 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 because of sex.

2This Interim Decision deals with a Request for Order During Proceeding (Request) filed by the applicant seeking the production of documents at a preliminary stage of the proceeding. Mediation is scheduled to take place in this case on July 17, 2013 and accordingly the production requirements under the Tribunal's Rules of Procedure are not yet engaged. In her Request the applicant seeks an Order requiring the production of the "results of the investigation regarding" her allegations against the respondents. This appears to be a reference to an investigation conducted by some or all of the respondents into the applicant's allegations of sexual harassment.

3The respondent however have consented to the applicant's Request and have agreed to provide the applicant with the "notes and documents" related to the internal investigation" on the understanding and Tribunal's Direction that the applicant is prohibited from using the documents or information for any other purpose than with this proceeding.

4The parties are reminded that Rule 3.3 of the Tribunal's Rules of Procedure provides as follows:

3.3 Parties and their representatives may not use documents obtained under these Rules for any purpose other than in the proceeding before the Tribunal.

5I take the respondents' consent to produce to be consent to produce the documents with direction from the Tribunal. Although it is unusual to direct production prior to mediation given the respondents position I see no reason why such a Direction should not be made. The Tribunal makes the following Directions:

a. The respondents will deliver to the applicant within 28 days of the date of this Interim Decision, all notes and documents related to the internal investigation of the applicant's complaints of harassment and discrimination.

b. The parties will ensure compliance with Rule 3.3 of the Tribunal's Rules which provides that the parties and their representatives may not use the documents obtained pursuant to this Direction for any purpose other than in this proceeding before.

6I am not seized of this case.