HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Songja Hasselsjo
Applicant
-and-
Closing the Gap Healthcare Group Inc. and Melissa Aldoroty
Respondents
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed As: Hasselsjo v. Closing the Gap Healthcare Group Inc.
Introduction
1This Application, filed on May 13, 2015, alleges discrimination with respect to goods, services and facilities because of race, colour, ancestry, place of origin, ethnic origin, disability, creed, family status, marital status and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On July 27, 2015, with her Form 3 Reply, the applicant also filed a Form 10 Request for an Order During Proceedings (“RFOP”) in which she requested production of certain documents from the respondent. The respondents did not file a Form 11 Response to a Request for an Order During Proceedings.
request for production
3Rule 16 of the Tribunal’s Rules of Procedure sets out rules for the disclosure and production of documents by the parties. This Rule is triggered by the issuance of the Notice of Hearing, which has not yet happened in this case.
decision and analysis
4The Tribunal has exercised its discretion to allow for early production of documents, but only in exceptional circumstances such as when production is necessary for the respondent to file a Response: see Hashi v. Toronto Transit Commission, 2012 HRTO 869. I find that the applicant in this case has failed to establish the exceptional circumstances necessary for the Tribunal to grant its request for early production.
5I find it premature to order disclosure of the documents requested.
order and directions
6The applicant’s request for documents is denied.
7Because both parties have agreed to mediation, the Tribunal will schedule a half-day mediation in this matter. A Notice of Mediation will be sent to the parties in due course setting out the date, time and place of the mediation.
Dated at Toronto, this 28th day of August, 2015.
“Signed By”
Dawn J. Kershaw
Vice-chair