Marry v. Medilean Wellness Weight Loss Clinic, 2016 HRTO 903

Human Rights Tribunal of Ontario

BETWEEN:

Shannon Marry Applicant

-and-

Medilean Wellness Weight Loss Clinic Respondent

INTERIM DECISION

Adjudicator: David Muir Date: July 8, 2016 Citation: 2016 HRTO 903 Indexed As: Marry v. Medilean Wellness Weight Loss Clinic

1A hearing in respect of this Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, is scheduled for July 29, 2016, in London.

2The applicant filed a Request for Order During Proceeding (Request) on or about June 17, 2016. In her Request the applicant seeks the following:

a. The addition of the contact person for the respondent as an individual respondent;

b. The production of a number of documents;

c. The amendment of the Application with respect to remedy and to add an allegation of reprisal.

3The respondent did not respond to the Request and the time for doing so has passed.

4In a Case Assessment Direction (CAD) issued on June 29, 2016 the respondent was alerted to the fact that it had failed to comply with Rules 16 and 17 of the Human Rights Tribunal of Ontario’s (the Tribunal’s) Rules of Procedure regarding pre-hearing disclosure of documents and witnesses. The respondent was directed to deliver and file its hearing materials by July 13, 2016.

5The Request to add a personal respondent will be addressed by the hearing adjudicator at his or her discretion. At this point it appears that the proposed respondent may be the owner of the respondent. In any event he was identified as the contact person of the respondent and appears to have been aware of this Application from its delivery to the respondent. If the proposed respondent is opposed to his being added as a party he must deliver and file a response to the Request fortwith and in any event by July 15, 2016.

6As regards the Request to amend the Application with respect to remedy and to add a new allegation of reprisal, this issue will be addressed by the hearing adjudicator at his or her discretion. If the respondent opposes either aspect of this part of the Request it must delvier and file a Response by July 15, 2016.

7The Request that the respondent produce text messages between the proposed respondent and the applicant and the applicant’s mother is granted. These materials appear to be relevant to the issues raised in the case and should be produced. The Request for the production of “any contracts or agreements” related to the applicant’s employment including “ any contracts or documents between the respondent and the London Employment Help Centre” is granted. The documents appear to be relevant to a possible award of compensation to the applicant in the event that a violation of the Code is found. In the circumstances these documents will be produced by July 17, 2016.

8In the circumstances the Tribunal makes the following Directions:

a. The Request to add a party and amend the Application by the addition of the ground of reprisal and the amendment with respect to remedy will be dealt with by the hearing adjudicator. If the respondent opposes any aspect of this Request it is afforded a further opportunity to deliver and file a Response by July 15, 2016.

b. The respondent will produce to the applicant the following by July 15, 2016:

i. All text messages between the proposed respondent and the applicant and the applicant’s mother during and subsequent to her employment with the respondent, and:

ii. Any contracts or agreements related to the applicant’s employment including any contracts or documents between the respondent and the London Employment Help Centre.

c. The previous direction to the respondent in the June 29, 2016 is amended.as follows:

i. By no later than July 15, 2016, the respondent must deliver to the applicant and file with the Tribunal (1) a list and copy of the documents it intends to rely upon at the hearing; (2) a list of its witnesses; and (3) a brief statement describing what its witnesses will say when they testify.

ii. If the respondent does not provide the above-noted materials by July 15, 2016, 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.

9The Tribunal’s Rules of Procedure are available at www.sjto.gov.on.ca/hrto/ under “Law, Rules, Decisions”.

10The parties may also benefit from reviewing the Tribunal’s “Guide to Preparing for a Hearing before the HRTO”, available at www.sjto.gov.on.ca/hrto/ under “Forms & Filing”.