HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Susan Borenstein Applicant
-and-
Neopost Canada Respondent
INTERIM DECISION
Adjudicator: Alison Renton Date: May 8, 2013 Citation: 2013 HRTO 761 Indexed as: Borenstein v. Neopost Canada
APPEARANCES
Susan Borenstein, Applicant Self-represented
Neopost Canada, Respondent Robert Bayne, Counsel
1This Interim Decision is issued further to the case management teleconference (‘the teleconference”) held on May 3, 2013. The hearing is scheduled for May 16 and 17, 2013.
2During the teleconference, the Tribunal orally dismissed the applicant’s request to adjourn the hearing as eviction proceedings against her have not commenced and the applicant had not filed medical documentation in support of her adjournment request. The Tribunal noted that if the applicant filed medical documentation in support of her adjournment request, this would be considered by the Tribunal and the adjournment request revisited. As of the date of this Interim Decision, the applicant has not submitted any medical documentation in support of an adjournment request.
3I have reviewed the parties’ submissions about the applicant’s non-compliance with her disclosure obligations. The Application is not dismissed. The document that the applicant emailed to the Tribunal and the respondent on December 5, 2012 will be treated as her witness statement. On April 29, 2013, the applicant emailed a March 21, 2005 medical document to the Tribunal and the respondent. This is the only document that the applicant has filed with the Tribunal and one that the respondent will have had more than 2 weeks prior to the commencement of the hearing. At the beginning of the hearing, I will hear the respondent’s further submissions about what, if any, further prejudice, it suffers with respect to the admission of this document into the hearing.
4The respondent is to review its witness statements to ensure that a witness is identified as testifying about the information contained in the fifth and tenth bullet points on page 2 of its Appendix to its Response.
5There is no information before me to indicate that the respondent has interfered with, or attempted to interfere with, witnesses coming forward on behalf of the applicant.
6In the Tribunal’s Guide to Preparing for a Hearing Before the HRTO, at pages 4 to 6, the issue of witnesses and how a party can compel their attendance at a hearing is addressed. At page 5 it states:
If a party is concerned that a witness may not attend to give his or her evidence at the hearing, or if the party wants added assurance that a witness will come to the hearing, it can summon the witness. It must do so by contacting the HRTO to get a signed Summons to Witness (Form 24). Sometimes a witness wants a Summons in order to be able to be absent from work.
7The hearing will proceed as scheduled.
Dated at Toronto, this 8th day of May, 2013.
”signed by”
Alison Renton Vice-chair