De La Plante v. Valour Management Inc., 2017 HRTO 1525

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Juliette De La Plante

Applicant

-and-

Valour Management Inc. and 2399974 Ontario Inc.

Respondents

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: November 21, 2017

Citation: 2017 HRTO 1525

Indexed as: De La Plante v. Valour Management Inc.

WRITTEN SUBMISSIONS

Juliette De La Plante, Applicant

Christine Lundy, Paralegal

1This Interim Decision addresses the applicant’s request to amend her Application.

2It also provides directions to the respondent with respect to disclosure of hearing documents and witness statements.

3The applicant filed an Application alleging reprisal and discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

4On September 25, 2017, the applicant sought to amend the Application to put the events in chronological order and to add details of which the respondent is aware.

5The respondents did not file a Form 11 Response to a Request for an Order During Proceedings and the time for doing so has passed.

decision

6In determining requests to amend applications, the Tribunal generally considers the nature of the proposed amendments, the reasons for the amendments, the timing of the request to amend, and the prejudice to the respondent. See, for example, Odell v. TTC, [2001] OHRBID No. 2; Dube v. Canadian Career College, 2008 HRTO 336; and Wozenilek v. 7-Eleven Canada Inc., 2009 HRTO 926.

7Having considered the factors set out above and in light of the respondents having filed no Form 11 Response to a Request for an Order During Proceedings, I grant the applicant’s request to amend the Application as set out in the Form 10 Request for an Order During Proceedings, which will constitute the amended Application.

order

8For the reasons set out above, the Tribunal orders as follows:

a. the applicant’s request to amend the Application is granted;

b. the Application is amended to include the narrative as set out in the Form 10 Request for an Order During Proceedings;

c. the respondent may file an amended Response to the amendments made to the Application within 5 days of the date of this Interim Decision if it wishes; and

d. the applicant may file an amended Reply to the amended Response within 5 days of receiving any amended Response.

Disclosure Obligations

9As the Tribunal notified the parties in the August 31, 2017 Notice of Rescheduled Hearing in this matter, under Rule 16 and 17 of the Tribunal’s Rules of Procedure, the parties were obliged to provide the following things by no later than October 20, 2017:

a. a list of the documents they intend to rely on at the hearing (these are the documents that you have chosen to put before the Tribunal from among the documents previously disclosed by both parties) – to one another and to the Tribunal;

b. copies of each of these documents for the Tribunal; and

c. a list of witnesses with witness statements setting out the intended evidence of each witness – to one another and to the Tribunal.

10It is now well past this second deadline and although the respondents provided their arguably relevant documents, they have not complied with the obligations regarding the exchange and filing of hearing documents and witness statements.

11There are serious consequences for this case if the respondents do not comply with their obligations under the Tribunal’s Rules, as set out below.

directions to the respondents

12By no later than November 28, 2017, the respondents must deliver to the applicant and file with the Tribunal (1) a list and copy of the documents they intend to rely upon at the hearing; (2) a list of their witnesses; and (3) a brief statement describing what each of their witnesses will say when they testify.

13If the respondents do not provide the above-noted materials by November 28, 2017, 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.

14The Tribunal’s Rules of Procedure are available at www.sjto.gov.on.ca/hrto/ under “Law, Rules, Decisions”.

15The 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”.