Hallett v. Bayfield Homes Ltd., 2013 HRTO 969

Human Rights Tribunal of Ontario

B E T W E E N:

Jessica Lynn Hallett Applicant

-and-

Bayfield Homes Ltd. Respondent

INTERIM DECISION

Adjudicator: Paul Aterman Date: May 31, 2013 Citation: 2013 HRTO 969 Indexed as: Hallett v. Bayfield Homes Ltd.

WRITTEN SUBMISSIONS

Bayfield Homes Ltd., Respondent

Vincent Panetta, Counsel

background

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 and sexual solicitation.

2The hearing of this Application is scheduled to begin on July 2, 2013 and the Tribunal’s Notice of Confirmation of Hearing dated January 7, 2013 advised the parties of the steps to take in preparation for the hearing. This included a requirement that the parties exchange arguably relevant documents by January 28, 2013.

3The respondent has complied with this requirement but the applicant has not. The respondent has made a request that the Tribunal direct the applicant to produce to it all arguably relevant documents in her possession, including written and electronic documents and images relevant to the issues in this Application. The respondent also requests medical documents relating to the applicant’s absence of work and short-term disability claim beginning on February 29, 2012.

4The applicant has not responded to this request.

5At the pre-hearing stage, the Tribunal will generally order disclosure of arguably relevant documents, unless the documents are privileged or raise privacy concerns (see: McKay v. Toronto Police Services Board, 2009 HRTO 1220). There is no reason to think, given their description, that the documents identified by the respondent do not meet the criterion of arguable relevance.

6The applicant’s failure to comply with the Rules and the Tribunal’s direction in its Notice of Confirmation of Hearing is impeding the respondent’s ability to prepare for the hearing. For this reason the respondent’s request is granted and the applicant is directed to provide the respondent with all arguably relevant documents in her possession.

7In addition to granting the respondent’s request, I have set out below the timelines for the disclosure of documents and witness statements that parties intend to rely on at the hearing, along with the potential consequences of non-compliance in relation to these timelines.

order

8The respondent’s request is granted.

9The applicant is directed to immediately provide the respondent with all arguably relevant documents in her possession, and in any event within seven days of the date of this Interim Decision. If she does not do so, her Application may be dismissed as abandoned.

10In addition, both parties are directed to provide to each other and file with the Tribunal a witness list, witness statements, and copies of documents the party intends to rely upon at the hearing. These materials are required under Rules 16 and 17, and are described in the Notice of Confirmation of Hearing and in the Tribunal’s Rules. The parties are directed to adhere to the following timelines:

• The applicant is to provide to the respondent and file with the Tribunal her witness list, witness statements, and copies of documents she intends to rely upon at the hearing within ten days of the date of this Interim Decision. If she has not done so, the Application may be dismissed as abandoned.

• The respondent is directed to provide to the applicant and file with the Tribunal its witness list, witness statements, and copies of documents it intends to rely upon at the hearing within ten days of receiving the applicant’s witness list, witness statements and hearing documents. If the respondent has not done so, the Tribunal may take any or all of the steps in Rule 5, including not permitting the respondent to call any witnesses at the hearing.

11I am not seized.