HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jessica Cox Pozos
Applicant
-and-
Stericycle Inc. and George Edward
Respondents
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Cox Pozos v. Stericycle Inc.
WRITTEN SUBMISSIONS
Jessica Cox Pozos, Applicant
Self-Represented
Stericycle Inc., Respondent
Ashley Grodecki, Representative
Introduction
1This is an Application filed on March 2, 2016 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging reprisal and discrimination in employment because of race, colour, ancestry, place of origin, ethnic origin, disability, sex, family and marital status and association. This Interim Decision deals with the issue of whether the Tribunal should order the corporate respondent to disclose the last known address of the personal respondent.
2On April 15, 2016 the Tribunal sent the applicant a Notice of Incomplete Application noting that the applicant did not provide an address for the personal respondent. On May 2, 2016 the applicant filed a Form 10 Request for an Order During Proceedings requesting that the corporate respondent provide a last known address for the personal respondent.
3On May 13, 2016 the corporate respondent filed a Form 11 Response to a Request for an Order objecting to disclosing the personal respondent’s last known address because the personal respondent is no longer an employee and his last known personal address is his personal private information and not within the control and right of the corporate respondent to disclose.
analysis and decision
4Rule 1.7(p) of the Tribunal’s Rules of Procedure states that the Tribunal may:
require a party or other person to produce any document, information or thing and to provide such assistance as is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce the information in any form. (See also s. 43(3) of the Code.)
5As such, the corporate respondent shall disclose to the applicant the last known address of the personal respondent.
order
6The Tribunal orders:
Within 14 days of the date of this Interim Decision, the corporate respondent shall provide to the applicant the last known address for the personal respondent; and
Within 14 days of the date on which the applicant receives the information described in paragraph 6(1), above, the applicant shall provide to the Tribunal a current, complete and accurate address for the personal respondent and explain the steps taken to ensure that the address is current, complete and accurate, failing which the Tribunal may not deal with the Application as against the personal respondent, pursuant to Rule 5.6(a) of the Tribunal’s Rules of Procedure.
7I am not seized of this matter.
Dated at Toronto, this 10th day of June, 2016.
“Signed By”
Dawn J. Kershaw
Vice-chair