Boros v. Toronto Beds & Bedrooms Inc., 2014 HRTO 484

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Boros

Applicant

-and-

Toronto Beds & Bedrooms Inc./The Bedroom Shop Canada

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: April 7, 2014

Citation: 2014 HRTO 484

Indexed As: Boros v. Toronto Beds & Bedrooms Inc.

WRITTEN SUBMISSIONS

Michael Boros, Applicant Thomas Peacock, Representative

Toronto Beds & Bedrooms Inc./The Bedroom Shop Canada, Respondent Kyle D. Burgis, Counsel

Jeff Reynolds, Proposed Respondent Kyle D. Burgis, Counsel

1This Application was filed on February 14, 2013, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging disability discrimination with respect to employment and reprisal.

2A preliminary hearing was convened on December 6, 2013, to hear submissions regarding various issues, including a request to add Jeff Reynolds as a personal respondent, request for disclosure of Mr. Reynolds’ cellular phone text messages, and disclosure of inventory records and payroll documents. Subsequently, the parties filed various submissions and additional requests for orders.

3In submissions dated January 20, 2014, the proposed personal respondent, Jeff Reynolds, indicates that he consents to disclosure of the text messages sent and received on his cellular phone on January 21, 2013. The proposed respondent requests that the Tribunal issue an order directing his cellular service provider, Rogers Communications (“Rogers”), to produce a call detail record of Mr. Reynolds’ cell phone demonstrating the time, date and telephone number of all calls and texts sent and received on January 21, 2013.

4Mr. Reynolds also provided the Tribunal with a copy of correspondence from Rogers stating that Rogers will only disclose the source of incoming calls upon receipt of a Court Order requiring Rogers to produce this information and if the Order includes provision for costs incurred in producing the information.

5In light of the parties’ agreement that certain text messages are relevant to the proceedings and given Mr. Reynolds’ consent to disclosure of his cellular phone records, the Tribunal Orders as follows:

i. Rogers Communications is directed to produce a detailed call record of Mr. Reynolds’ cellular phone setting out the time, date and telephone number of all calls and texts sent and received on January 21, 2013;

ii. Rogers Communications is directed to provide a copy of the call detail records of Mr. Reynolds’ cellular phone for January 21, 2013 to counsel for Mr. Reynolds and to the Tribunal’s Registrar;

iii. Mr. Reynolds is directed to pay all administrative fees charged by Rogers Communications to produce the call detail record information for January 21, 2013; and

iv. Mr. Reynolds is required to provide a copy of the call detail records to the applicant promptly after receipt of the information from Rogers and to confirm to the Tribunal that the information was delivered.