MacPherson v. Leon's Furniture Limited, 2014 HRTO 113

Human Rights Tribunal of Ontario

B E T W E E N:

Louis MacPherson

Applicant

-and-

Leon’s Furniture Limited

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott
Date: January 27, 2014
Citation: 2014 HRTO 113
Indexed as: MacPherson v. Leon’s Furniture Limited

WRITTEN SUBMISSIONS

Louis MacPherson, Applicant

Self-represented

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which the applicant alleges discrimination in employment because of disability. On November 14, 2013, the Tribunal issued a Notice of Mediation, setting the date of February 5, 2014 for the mediation. On January 20, 2014, the applicant filed a Request for an Order During Proceedings seeking production of the respondent’s group insurance policy in advance of the mediation. The date for the respondent’s response to this request is February 3, 2014, two days before the scheduled mediation.

2In the Request, the applicant argues that the information is necessary in order to determine the impact of any settlement on the benefits the applicant is receiving under the policy.

3Under Rule 16, the Tribunal sets 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. Only if the matter does not settle at mediation will a Notice of Hearing be issued.

4The Tribunal has exercised its discretion to allow for early production of documents, but only in exceptional circumstances. I find that the applicant has failed to establish the exceptional circumstances necessary for the Tribunal to grant the applicant’s request for production prior to the mediation because it appears the applicant is still an employee of the respondent. As such, he can obtain the policy directly from the insurer. Alternatively, the respondent should consider disclosing the policy voluntarily, prior to mediation, if such disclosure would facilitate the mediation process.

5Given that the applicant has not identified any exceptional circumstance to justify production at this stage, the applicant’s request for production is denied as premature.

6I am not seized.