Human Rights Tribunal of Ontario
B E T W E E N:
Paul Carrigan
Applicant
-and-
Snap Services (1987) Ltd.
Respondent
INTERIM DECISION
Adjudicator: Sheri Price
Indexed as: Carrigan v. Snap Services (1987) Ltd.
1This is an Application under the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") alleging that the respondent infringed the applicant's rights under the Code. The Application is scheduled to be heard on May 11 and 12, 2015 in Toronto.
2The Tribunal is in receipt of the respondent's April 21, 2015 email, asking that the Application be dismissed on the basis that the applicant has failed to comply with the Tribunal's time limits for providing the respondent with his arguably relevant documents (Rule 16.1). The respondent also points out that the applicant failed to meet the deadline for providing the Tribunal and the respondent with the documents upon which he intends to rely at the hearing and his witness statements (Rules 16.2, 17.1 and 17.2)
3Although I can understand the respondent's frustration with the applicant's failure to the meet the applicable deadlines for disclosing his arguably relevant documents and the documents and witnesses he intends to present at the hearing, it would not be appropriate to dismiss the Application on this basis.
4According to the Tribunal's Rules, failing to produce documents and witness information in accordance with the Rules does not result in dismissal of the Application (or Response). Under the Tribunal's Rules, the consequence of failing to comply with the Tribunal's pre-hearing disclosure requirements is that limits may be placed on the evidence which the defaulting party is permitted to present at the hearing. In particular, Rules 5.6, 16.4 and 17.4 indicate that documents and/or witnesses not properly disclosed in accordance with the Rules may not be admitted into evidence at the hearing, except with the permission of the Tribunal:
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.
16.4 No party may rely on or present any document not included on a document list and provided to other parties in accordance with Rule 16.1 and 16.2, and filed with the Tribunal under Rule 16.3, except with the permission of the Tribunal.
17.4 No party may present a witness whose name and summary of evidence was not included in a witness list and delivered and filed in accordance with Rules 17.1 and 17.2 or present an expert witness if material has not been delivered and filed in accordance with Rule 17.3, except with the permission of the Tribunal.
5In the event that the applicant seeks to present documents or witnesses at the hearing that have not been disclosed in accordance with the Tribunal's Rules, the parties should be prepared to make submissions on whether the applicant ought to be permitted to present such evidence at the hearing.
6However, the respondent's request that the Application be dismissed is denied. The hearing will continue as scheduled on May 11 and 12, 2015.
7I am not seized of this case.
Dated at Toronto, this 28th day of April, 2015.
"signed by"
Sheri Price
Vice-chair