Toronto Police Services Board v. Theriault, 2014 HRTO 1497

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Toronto Police Services Board

Applicant

-and-

Paul Theriault

Respondent

interim decision

Adjudicator: Keith Brennenstuhl

Date: October 9, 2014

Citation: 2014 HRTO 1497

Indexed as: Toronto Police Services Board v. Theriault

1The applicant filed this Application for Contravention of Settlement on January 28, 2014. An in-person hearing is scheduled for October 29 and 30, 2014.

2The respondent has filed a Request for Order During Proceedings requesting production of a certain audio recording from the applicant. The applicant has not filed a Response to the Request.

3The audio recording is of the respondent’s interview by the Professional Standards Unit that took place on October 30, 2013. The respondent maintains that this recording will provide evidence “related to how the Applicants filed a late application to the Ontario Human Rights Tribunal for Breach of Settlement” and “evidence of the Respondent’s assertion that the Breach was not intentional”.

4The test for disclosure is arguable relevance which is not a particularly high threshold. Given that there is a timeliness issue with respect to the filing of the Application, given that the respondent’s state of mind may be of some relevance and given that the applicant has not objected to its production, I am inclined to order production of the audio recording.

ORDER

5The applicant is directed to provide the respondent the audio recording identified in this Interim Decision within seven days of the date of this Interim Decision.