HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tesfaye Tola
Applicant
-and-
Toronto Transit Commission
Respondent
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Tola v. Toronto Transit Commission
WRITTEN SUBMISSIONS
Tesfaye Tola, Applicant
Self-represented
Toronto Transit Commission, Respondent
Giuseppi Agostino, Counsel
1This Interim Decision addresses the production request filed by the applicant in advance of the summary hearing in this matter, as well as his request to amend his Application.
2The applicant filed an Application alleging discrimination because of age, race, ancestry, colour, creed, ethnic origin and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, the applicant alleged that the respondent discriminated and reprised against him when it did not hire him for a Transit Operator position.
3By Case Assessment Direction (“CAD”) dated February 1, 2017, the Tribunal directed a summary hearing to determine whether the Application should be dismissed on the basis that it has no reasonable prospect of success.
4By Request for Order During Proceedings filed on March 2, 2017, the applicant requested production of a variety of materials relating to the hiring process in advance of the summary hearing.
production request
5Summary hearings do not involve the hearing of evidence. In a summary hearing, the Tribunal assumes the facts as alleged by the applicant to be true and provable for the purposes of the summary hearing. The issue in the summary hearing will be whether the applicant can point to any evidence he would seek to call in a hearing to prove that the respondent’s decision not to hire him was linked to one or more of the grounds listed in his Application. In the summary hearing, the applicant can make submissions about the materials he would seek to have produced by the respondent and why he believes that these materials will prove discrimination or reprisal in this case. However, since a summary hearing does not involve the calling of actual evidence, his production request is denied at this stage.
request to amend application
6The applicant has requested permission to amend his Application. The parties will be asked to make submissions in relation to the request to amend the Application at the summary hearing.
order
7For the above reasons, the applicant’s production request is denied. His request to amend his Application will be dealt with at the summary hearing.
Dated at Toronto, this 14th day of August, 2017.
“Signed by”
Jo-Anne Pickel
Vice-chair