Austin v. Byron Freehouse Inc., 2014 HRTO 413

Human Rights Tribunal of Ontario

B E T W E E N:

Leslie Austin

Applicant

-and-

Byron Freehouse Inc.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: March 24, 2014

Citation: 2014 HRTO 413

Indexed as: Austin v. Byron Freehouse Inc.

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 goods and services because of disability.

2The applicant has filed a Request for Order During Proceeding (“Request”). In her Request the applicant seeks an Order requiring the respondent to deliver all the documents in its possession which are arguably relevant to the issues in dispute in this case, as required by Rule 16.1 of the Tribunal’s Rules. In the Notice of Hearing delivered to the parties on January 16, 2014, the parties were advised that these productions were due before February 4, 2014. The respondent has not responded to the Request although the time for doing so has passed.

3Rule 16.1 of the Tribunal’s Rules provides as follows:

16.1 Not later than 21 days after the Tribunal sends a Confirmation of Hearing to the parties, each party must deliver to every other party (and file a Statement of Delivery):

a) a list of all arguably relevant documents in their possession. Where a privilege is claimed over any document the party must describe the nature of the document and the reason for making the claim; and,

b) a copy of each document contained on the list, excluding any documents for which privilege is claimed.

4The failure of a party to comply with these obligations can have serious consequences in the hearing process. The Tribunal’s Rules also provide as follows:

5.6 Where a party fails to deliver material to another party or person as required by these Rules, the Tribunal may refuse to consider the material, or may take any other action it considers appropriate.

5.7 Where a party seeks to present evidence or make submissions with respect to a fact or issue that was not raised in the Application, Response, Reply, or in the materials filed under Rule 16 or 17, the Tribunal may refuse to allow the party to present evidence or make submissions about the fact or issue unless satisfied that there would be no substantial prejudice and no undue delay to the proceedings.

5The respondent is directed to immediately deliver to the applicant all arguably relevant documents in its possession in accordance with Rule 16.1 above. The consequences if any of the respondent’s failure to comply with the Tribunal’s Rules may be addressed at the hearing.

6I am not seized of this case.