Marne v. Aptco Capital Corporation, 2014 HRTO 884

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Aliyma Marne

Applicant

-and-

Aptco Capital Corporation and Marlene Cativo

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: June 17, 2014

Citation: 2014 HRTO 884

Indexed as: Marne v. Aptco Capital Corporation

1As per the Tribunal’s direction at the hearing on March 7, 2014, counsel for the respondents filed a Request for an Order During Proceedings (Form 10) for production of certain phone records from third party providers.

2This Request for production was not immediately served on the third-party providers, but in response to a Case Assessment Direction dated April 29, 2014, counsel for the respondent served the Request on the following three organizations: Rogers Communications Inc., Fido Solutions Inc. and BCE Inc.

3On May 1, 2014, Rogers Communications Partnership filed a Response to the Request indicating the following:

Rogers does not retain the content of our customer’s text messages therefore this information is not available. In addition, Rogers does not have the call detail records (CDRs) going back to 2012. Rogers only retains the CDRs for the most recent 13 months, after which these records are purged on a rolling basis.

4It is clear from this that the information sought for the work number for Marlene Captivo is no longer available. No order directing either Rogers Communications or Fido Solutions Inc. will be made with respect to this number.

5The Tribunal’s Case Assessment Direction gave the third parties two weeks from the date of delivery of the Request and Case Assessment Direction to file any written submissions on the Request. No submissions were filed by BCE Inc., and the time for doing so has now passed. Accordingly, an order will be made requiring this third party to produce the text and call records with respect to the remaining two telephone numbers.

6It is not clear at what address the respondent’s Request was delivered to BCE Inc. (this is not specified in the Statement of Delivery filed with the Tribunal on April 30, 2014), so it will be the responsibility of the respondent to ensure that BCE Inc. is made aware of this Interim Decision.

order

7The Tribunal orders the following:

a. The respondent shall provide BCE Inc. with contact information for the parties, and shall serve a copy of this Interim Decision on BCE Inc., within one week of the date of this Interim Decision;

b. BCE Inc. shall produce to the applicant and respondent the text and incoming and/or outgoing call detail records in its custody, possession and/or control telephone, for the period from November 3, 2012 to December 26, 2012 inclusive, for the following two telephone numbers: 416-340-1221 and 647-220-2306.; and

c. BCE Inc. shall produce these records by July 15, 2014 unless it seeks and is granted an extension by the Tribunal.

8The Tribunal will schedule one further hearing day, at which time it will receive the above-noted phone records, hear any further evidence with respect to these records and hear final argument.