Human Rights Tribunal of Ontario
B E T W E E N:
Kristopher Montgomery
Applicant
-and-
Town of Bradford West Gwillimbury
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Montgomery v. Bradford West Gwillimbury (Town)
1This matter is scheduled for hearing on March 25, 26 and 27, 2014, in Toronto.
2This Interim Decision addresses the applicant’s Request for an Order during Proceedings seeking the production of documents in the respondent’s possession. The applicant seeks the disclosure of a number of records, including medical records, with respect to all of the staff of the Wastewater Department and the CAO.
3The respondent objects to the disclosure of the documents on the basis that they are not relevant.
Decision
4The Tribunal has the power to order a party to produce any document that is arguably relevant to the proceeding. There must be some relevance and the party seeking production must demonstrate a nexus between the information or document sought and issues in dispute before the Tribunal: Lampi v. Princess House Products Canada Inc., 2008 HRTO 1 at para. 8.
5The issue before the Tribunal is to determine whether the respondent infringed the applicant’s rights under the Human Rights Code, R.S.O. 1990, c. H.19. However, this does not warrant ordering production of every document in the respondent’s possession with respect to other employees. In the absence of any indication of how a specific employee’s work records are relevant to the issues in the Application, I find that ordering such broad disclosure would amount to a fishing expedition.
6The applicant’s Request for production is denied.
Order
7The Tribunal orders:
a. The applicant’s Request for production is denied;
b. If either party intends to rely on any additional documents at the hearing, which have not already been filed with the Tribunal, then the party must deliver and file these documents by no later than February 7, 2014; and
c. If either party seeks to call a witness which has not already been included in a witness list then the party is required to deliver and file an additional witness statement by no later than February 7, 2014.
Dated at Toronto, this 14th day of January, 2014.
“Signed by”
Geneviève Debané
Vice-chair