E.K. v. 2379458 Ontario Ltd., 2017 HRTO 1475

Human Rights Tribunal of Ontario

B E T W E E N:

E.K.

Applicant

-and-

2379458 Ontario Ltd., Shahriar Heshmat, MTY Tiki Ming Enterprises Inc. and MTY Food Group Inc.

Respondents

INTERIM DECISION

Adjudicator: David Muir
Date: November 8, 2017
Citation: 2017 HRTO 1475
Indexed as: E.K. v. 2379458 Ontario Ltd.

Introduction

1This Application alleges discrimination with respect to employment sex and sexual solicitation or advances contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The hearing of this case is scheduled to begin on November 17, 2017 in Toronto.

3In its Interim Decision 2017 HRTO 1217 the Tribunal directed the parties as follows:

By no later than October 4, 2017, the personal respondent and Franchise (2379458 Ontario Ltd.) must deliver to the applicant their arguably relevant documents.

By October 18, 2017, all parties must deliver to the applicant and file with the Tribunal (1) confirmation of delivery of their arguably relevant documents to the applicant; (2) a list and copy of the documents they intend to rely upon at the hearing; (3) a list of their witnesses; and (4) a brief statement describing what their witnesses will say when they testify.

If the personal respondent and the Franchise (2379458 Ontario Ltd.) do not provide the above-noted materials by the deadlines set out in paragraphs 5 & 6, (of the Interim Decision) 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 these respondents to call any witnesses or present any documentary evidence at the hearing.

4The applicant filed her hearing materials on October 18, 2017.

5The respondents MTY Tiki Ming Enterprises Inc. and MTY Food Group Inc. appear to have complied with their production obligations.

6The parties’ were originally directed to provide their arguably relevant documents to each other by July 5, 2017. 2379458 Ontario Ltd. and Shahriar Heshmat failed to do so.

7As indicated above in Interim Decision 2017 HRTO 1217 the timelines for the production of documents were modified. Specific directions were made to 2379458 Ontario Ltd. and Shahriar Heshmat:

By no later than October 4, 2017, the personal respondent and Franchise must deliver to the applicant their arguably relevant documents.

If the personal respondent and the Franchise (2379458 Ontario Ltd )do not provide the above-noted materials by the deadlines set out in paragraphs 5 & 6 (of the Interim Decision), 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 these respondents to call any witnesses or present any documentary evidence at the hearing.

8These respondents have never complied with these Directions and appear to have not communicated with the Tribunal.

9Rule 5.6 and 5.7 provide as follows:

Where a party fails to deliver material to another party or person as required by these Rules, the Tribunal may refuse to consider the material, or may take any other action it considers appropriate.

Where a party seeks to present evidence or make submissions with respect to a fact or issue that was not raised in the Application, Response, Reply, or in the materials filed under Rule 16 or 17, the Tribunal may refuse to allow the party to present evidence or make submissions about the fact or issue unless satisfied that there would be no substantial prejudice and no undue delay to the proceedings.

10In light of these respondents complete failure to comply with the Tribunal’s Rules and its Directions above I direct that these respondents (2379458 Ontario Ltd. and Shahriar Heshmat) may not lead evidence, call witnesses or make submissions with respect to those issues which were not addressed in their Response(s) to this Application unless they satisfy the Tribunal that there be no substantial prejudice to any party to the proceeding including any delay in the adjudication of this Application.