Bradley Gallant v. The Corporation of the City of Mississauga, 2017 HRTO 1481

Human Rights Tribunal of Ontario

BETWEEN:

Bradley Gallant Applicant

-and-

The Corporation of the City of Mississauga Respondent

-and-

Ontario Human Rights Commission, The Mississauga Girls Hockey League, The Lorne Park Hockey Association, and The Meadowvale Minor Hockey Association Intervenors

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: November 8, 2017 Citation: 2017 HRTO 1481 Indexed as: Gallant v. Mississauga (City)

1The purpose of this Interim Decision is to order Marian Jacko to appear as a witness before the Tribunal.

2The Tribunal has heard five day of evidence in this case. Three further hearing days are scheduled for December 11, 12 and 13, 2017.

3The Mississauga Girls Hockey League (the “MGHL”) has been permitted to present evidence at the hearing, and tendered a witness statement by Ms. Jacko, who is the former President of the MGHL. The MGHL has not been successful in having Ms. Jacko appear voluntarily as a witness, and has not issued a Summons to Witness to her.

4Having reviewed Ms. Jacko’s witness statement, it appears that she has relevant evidence that she can provide which may assist the Tribunal in deciding the issues before the Tribunal.

5I have had concerns during the hearing that the MGHL and The Lorne Park Hockey Association, who are self-represented by volunteers, while the parties and the Ontario Human Rights Commission are all represented by counsel, may be facing barriers in fully participating in the hearing. The Tribunal has an obligation to provide a fair and impartial process and prevent an unfair disadvantage to self-represented persons. See the Canadian Judicial Council’s Statement of Principles on Self-Represented Litigants and Accused Persons.

6Furthermore, Rule 1.7 of the Tribunal’s Rules of Procedure provides that in order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may, among other actions, advise when additional evidence or witnesses may assist the Tribunal, and take any action that the Tribunal determines is appropriate.

7In the circumstances, the Tribunal orders that Ms. Jacko appear as a witness before the Tribunal for two hours on December 11, 12 or 13, 2017. Ms. Jacko is directed to provide her availability to the Tribunal’s Registrar within one week of the date of this Interim Decision.

8At the hearing, Ms. Jacko will likely be asked to adopt her witness statement, and to answer questions by the parties, the intervenors, and the Tribunal. A copy of the Expert Report of Jesse A. Steinfeldt will be delivered along with this Interim Decision to her as she may be asked questions about the opinions expressed in this Report.