Cortney Constantinos v. Pretty River Academy, 2017 HRTO 1659

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cortney Constantinos

Applicant

-and-

Pretty River Academy

Respondent

INTERIM DECISION

Adjudicator: David Muir
Date: December 15, 2017
Citation: 2017 HRTO 1659
Indexed as: Constantinos v. Pretty River Academy

Introduction

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The hearing of this case has been scheduled to begin on June 6 and 7, 2018 in Toronto.

3The applicant filed a Request for Order During Proceeding on November 14, 2017. The respondent has not responded to the Request and the time for doing so has passed.

4The Request on its face seeks the production of documents and to that extent it is premature. However the real thrust of the Request is that the respondent provide a complete Response (Form 2) addressing the merits of the Application.

5In the Response (Form 2) that was filed the respondent did not address the merits of the Application citing a complete changeover of their Board of Directors. As such while the respondent asserts that the applicant’s allegations are unfounded, the respondent has not actually addressed them as of yet.

6The Response filed by the respondent is incomplete in that it does not address the specifics of the applicant’s claims. Rule 8.2 of the Tribunal’s Rules of Procedure provides in part as follows:

A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies.

7Rule 8.3 provides as follows:

A Response that is not complete:

a. may be sent back to the Respondent with an explanation of how the Response is incomplete; and

b. may be re-submitted no later than 20 days after the Response was sent back.

8In order to ensure the fair, just and expeditious adjudication of this Application the respondent must complete its Response in accordance with the Rule 8.3 within 21 days of the date of this Interim Decision. The parties are reminded of Rule 5.7 of the Tribunal’s Rules of Procedure which states:

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.

9The other requirements of the parties set out in the Notice of Hearing remain in place.

ORDER

10The Tribunal makes the following Orders:

a. The applicant requests for the production of documents is denied at this stage because it is premature; and

b. The Response of the respondent is incomplete. The respondent must deliver and file a completed Form 2 Response to the Application within 20 days of the date of this Interim Decision failing which the Tribunal may take any of the steps outlined in Rule 5.7 of the Tribunal’s Rules.