Larbie v. Toronto Community Housing Corporation, 2016 HRTO 103

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gladys Larbie

Applicant

-and-

Toronto Community Housing Corporation

Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: January 21, 2016

Citation: 2016 HRTO 103

Indexed as: Larbie v. Toronto Community Housing Corporation

WRITTEN SUBMISSIONS

Gladys Larbie, Applicant

Megan Evans Maxwell, Counsel

Toronto Community Housing Corporation, Respondent

Gordon Steinberg, Paralegal

1Following a request made by the applicant and on consent of the respondent, the hearing of this Application has been re-scheduled from February 12, 2016 to March 1, 2016, in Toronto. This Interim Decision addresses a Request for Order During Proceeding that the respondent produce witness statements and addresses the respondent’s failure to comply with the Case Assessment Direction that it produce copies of documents that it intends to rely upon at the hearing.

Background

2The Application alleges discrimination in housing on the basis of disability and receipt of social assistance. The applicant alleges that the respondent denied her an opportunity to rent one of their market rent units because she did not provide a guarantor for her rental payments.

3A Response has been filed denying the allegations. The respondent states that it has been delegated the responsibility for administering the social housing units in Toronto. The administration of units is subject to the requirements of the Housing Services Act, 2011. The Response also provides details of its interactions with the applicant when she applied for a market rent unit.

4Notice of Hearing dated September 1, 2015 set out the parties’ obligations under Rules 16 and 17. Specifically, the Tribunal notified the parties that by no later than December 29, 2015, they were obliged to provide each other and the Tribunal with copies of the documents they intended to rely on at the hearing and witness statements describing what the witnesses will say when they testify.

5As the parties had not complied with these obligations by the December 29, 2015 deadline, the Tribunal issued a Case Assessment Direction (“CAD”) directing them to do so on or before January 19, 2016.

6On January 13, 2016, the applicant provided the respondent and the Tribunal with copies of her documents and a detailed witness statement.

7On January 18, 2016, the respondent sent an email to the applicant and the Tribunal stating that pursuant to the CAD,

please be advised that the respondent will call upon the Tenant Services Coordinator, Andrea Harper, to provide testimony as to the allegations presented by the Applicant. The witness will relate her personal recollections with regard to the allegations made by the Applicant. In addition, the Respondent may call upon practices and procedures followed by the Landlord.

8On January 18, 2016, the applicant filed a Request for Order During Proceeding (“Request”) seeking sufficiently detailed witness statements from the respondent.

9In response to the Request, the respondent took the position that applicant has not provided a witness list or will-say statements and accordingly the respondent will only provide evidence with respect to the allegations made against its representative, Andrea Harper. The respondent states that it will provide Ms. Harper’s position once the applicant provides her case at the hearing and will provide evidence of the way the applicant’s housing application is being processed. The respondent did not provide the applicant or the Tribunal with witness statements or copies of any documents that it intends to rely upon at the hearing.

Decision on the Request

10Under Rule 17, every party must deliver a witness list to every other party and a statement setting out the intended evidence of each witness. As set out in the Notice of Hearing, the witness statement should be detailed and set out in full detail the evidence that the witness will give.

11Under Rule 16.3 each party must provide to the other parties and to the Tribunal, a list of documents upon which the party intends to rely; and a copy of each document contained on the list.

12I find that the respondent has not complied with Rules 16 and 17.

13The reason for disclosure of documents and witness statements prior to the hearing date is to allow the parties the opportunity to understand the case they have to meet and to assist the Tribunal in preparing for the hearing. The 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.

Order

14By January 29, 2016, the respondent must provide to the applicant and the Tribunal:

i. a list of all witnesses it intends to have to give evidence at the hearing.

ii. a witness statement for each of the witnesses it intends to call. Each witness statement shall set out in full the detail the evidence that the witness will give.

iii. A list of each document it intends to rely on at the hearing.

iv. A copy of each of the documents it intends to rely on at the hearing.

15Failure to provide copies of documents and detailed witness statements could result in the respondent being unable to provide any evidence at the hearing.