Clark v. Queen Leslie Reality Ltd., 2015 HRTO 738

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joe Clark Applicant

-and-

Queen Leslie Reality Ltd. Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: June 5, 2015 Citation: 2015 HRTO 738 Indexed as: Clark v. Queen Leslie Reality Ltd.

WRITTEN SUBMISSIONS

Joe Clark, Applicant Self-represented

Queen Leslie Reality Ltd., Respondent Nidhi Punyarthi, Counsel

Introduction

1This Application alleges discrimination with respect to housing because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In particular, the applicant alleges that the respondent failed to consider and accommodate his mental health when pursuing various applications before the Landlord and Tenant Board.

2A hearing has been scheduled in this matter for June 29 and 30, 2015 in Toronto.

3This Interim Decision addresses several preliminary issues that have arisen in this matter.

Request for Production

4The applicant has requested production of the respondent’s file on the applicant. The respondent did not respond to this request.

5The basic principle in determining a production request is whether the requested documents are “arguably relevant”. The applicant has the burden of demonstrating that the documents sought are “arguably relevant” to the issues in dispute in the proceeding before the Tribunal.

6The respondent’s file on the applicant, if such a file exists, is arguably relevant to the issues in this proceeding. In the same that an employee file is arguably relevant in an employment case, a tenant’s file is arguably relevant in a housing case. The issues in dispute in this proceeding involve the applicant’s tenancy with the respondent. As such, the respondent must produce its file on the applicant by June 12, 2015.

Hearing Documents

7The applicant and the respondent have failed to provide their hearing documents to each other and to the Tribunal. As the Tribunal notified the parties in the December 3, 2014 Notice of Hearing in this matter, under Rules 16 and 17 of the Tribunal’s Rules of Procedure, the parties were obliged to provide the following things to one another and to the Tribunal by no later than May 15, 2015:

a. a list of the witnesses they intend to call at the hearing of the Application;

b. witness statements describing what the witnesses will say when they testify; and

c. copies of the documents they intend to rely upon at the hearing.

8The applicant and the respondent are directed to provide these hearing documents to each other and the Tribunal by June 19, 2015. The applicant is reminded that he must submit a witness statement for himself. However, if the applicant only intends to testify about the facts already contained in his Application, it is sufficient for him to confirm this in writing by June 19, 2015.

9There are important consequences for the parties if they fail to comply with this direction. If the applicant has not complied with this direction by June 19, 2015, the Application may be dismissed as abandoned. If the respondent does not comply with this direction by June 19, 2015, the Tribunal may take any or all of the steps set out in Rule 5 of the Tribunal’s Rules of Procedure, including not permitting the respondent to call any witnesses or present any documentary evidence at the hearing.

Dismissal of the Application under section 45.1

10In its Response, the respondent has requested dismissal of the Application on the basis that it has been appropriately dealt with by the Landlord and Tenant Board under section 45.1 of the Code.

11I will not address this request at this time. The respondent is free to renew this request at the hearing after the applicant’s evidence has been heard.

order

12The respondent must disclose its file on the applicant to the applicant by June 12, 2015.

13The applicant and the respondent must provide their hearing documents to each other and to the Tribunal by June 19, 2015.