Ducharme v. Essex Condominium Corporation No. 39, 2015 HRTO 408

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Megan Ducharme Applicant

-and-

Essex Condominium Corporation No. 39, Professional Property Management, Art Ouellette, Diane Reardon and Ron Janosik Respondents

A N D B E T W E E N:

Jerry Ducharme Applicant

-and-

Essex Condominium Corporation No. 39, Professional Property Management, Art Ouellette, Diane Reardon and Ron Janosik Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: March 30, 2015 Citation: 2015 HRTO 408 Indexed as: Ducharme v. Essex Condominium Corporation No. 39

WRITTEN SUBMISSIONS

Megan and Jerry Ducharme, Applicants

Shawn Weston, Representative

1These are Applications 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 employment because of age, association, family status, marital status and sex.

2The applicants have filed a Request for Order During Proceeding (“Request”). In their Request the applicants seek an Order requiring the respondents to deliver all the documents in their 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 13, 2015 the parties were advised that these productions were due before February 3, 2015. The respondents have not responded to the Request and 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 respondents are directed to immediately deliver to the applicants all arguably relevant documents in their possession in accordance with Rule 16.1 above. The consequences if any of the respondents’ failure to comply with the Tribunal’s Rules may be addressed at the hearing

6I am not seized of this case.