Al Bagherian v. Seneca College of Applied Arts and Technology, 2016 HRTO 398

Human Rights Tribunal of Ontario

B E T W E E N:

Al Bagherian

Applicant

-and-

Seneca College of Applied Arts and Technology

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: March 30, 2016

Citation: 2016 HRTO 398

Indexed as: Bagherian v. Seneca College of Applied Arts and Technology

1This Application alleges discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A Notice of Mediation was issued on February 24, 2016.

3On March 11, 2016 the respondent wrote to advise that its counsel was not available on the date scheduled and asked for re-scheduling. Because the request was made in a timely manner the Tribunal began the process of re-scheduling.

4The applicant has refused to cooperate in rescheduling the mediation and has filed a Request for Order During Proceeding (Request) seeking the production of the respondent’s retainer documents with its counsel. Apparantly the applicant believes that the respondent changed counsel for the purpose of delaying mediation.

5The Request is denied. In addition to the fact that there is no evidentiary basis for the theory underlying the Request, the documents being requested are privileged and the applicant’s points to no reason to breach the privilege in the circumstances.

6The Registrar will attempt to schedule mediation. The applicant is directed to provide alternative dates for the mediation as previously requested by the Tribunal on March 14, 2016.