Jimmy Talbot v. 927912 Ontario Limited o/a Orleans Fresh Fruit and Marlene Horne, 2017 HRTO 1342

Human Rights Tribunal of Ontario

B E T W E E N:

Jimmy Talbot

Applicant

-and-

927912 Ontario Limited o/a Orleans Fresh Fruit and Marlene Horne

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: October 12, 2017 Citation: 2017 HRTO 1342 Indexed as: Talbot v. 927912 Ontario Limited

WRITTEN SUBMISSIONS

927912 Ontario Limited o/a Orleans Fresh Fruit and Marlene Horne, Respondents

David Spears, Counsel

1This Interim Decision addresses the respondents’ request that the Tribunal order the applicant to disclose all arguably relevant documents in his possession.

2The applicant filed an Application alleging discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, the applicant alleged that the respondents refused to re-hire him because, when he had been previously employed with them, he had been absent from work for disability-related reasons. He alleged that the respondents refused to re-hire him because of their perception that this would occur again.

3By Request for Order During Proceedings (“RFOP”), the respondents requested that the Tribunal order the applicant to disclose all arguably relevant documents in his possession as required under Rule 16.1 of the Tribunal’s Rules of Procedure. They also requested that the Tribunal order the applicant to produce certain specific documents.

4The applicant did not respond to the respondents’ RFOP and the time for doing so has passed.

Decision

5Under Rule 16.1 of the Tribunal’s Rules of Procedure, parties have an obligation to disclose to each other copies of all documents in their possession that are arguably relevant to the issues arising in the case, unless the documents are subject to a legal privilege.

6As noted in the Notice of Hearing issued in this case, the parties were required to disclose all arguably relevant documents to each other by August 11, 2017. The applicant has not disclosed any arguably relevant documents to the respondents.

7I am not necessarily persuaded that all of the documents listed by the respondents in their RFOP are arguably relevant to the issues the Tribunal will have to decide in this case. As a result, I limit myself to ordering the applicant to disclose to the respondents any documents in his possession that are arguably relevant to the issues in dispute in this case. At a minimum, the applicant must disclose any documents that are arguably relevant to the remedy he is requesting. This includes any documents relating to his efforts to mitigate (minimize) his losses by seeking other employment.

8If the applicant does not produce certain documents that the respondents consider arguably relevant, the respondents must file another RFOP seeking production of the documents. If the respondents do file another RFOP, they must make submissions as to why they consider each class of documents they are seeking to be arguably relevant to the issues the Tribunal will have to decide in this case.

Order

9Within 14 days of the date of this Interim Decision, the applicant must disclose to the respondents any documents in his possession that are arguably relevant to the issues in dispute in this case. At a minimum, the applicant must disclose any documents that are arguably relevant to the remedy he is requesting, including any documents relating to his efforts to mitigate (minimize) his losses by seeking other employment.