HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Melissa Younano
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance
Respondent
INTERIM DECISION
Adjudicator: David Muir Date: December 18, 2017 Citation: 2017 HRTO 1669 Indexed as: Younano v. Ontario(Ministry of Finance)
WRITTEN SUBMISSIONS
Melissa Younano, Applicant
Michael Anasakta,
Representative
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, Respondent
Pauline Kwan,
Counsel
1The respondent has filed a Request for Order During Proceeding seeking direction that the applicant deliver materials to it by mail as requested in its Response (Form 2), The applicant opposes the Request.
2The Request is granted.
3As indicated the respondent indicated in its Response that its preferred method of receiving materials in this proceeding was by mail. The respondent advises that it has from time to time not received materials sent to it by email.
4The respondent also relies on the Tribunal’s Rule 1.21 which provides as follows:
Documents must be delivered in one of the following ways:
a. hand delivery;
b. regular, registered or certified mail;
c. courier;
d. fax, but only if the document is less than 20 pages in length or, if longer, with consent;
e. e-mail where the person or parties receiving the document has consented to e-mail delivery; or
f. any other way agreed upon by the parties or directed by the Tribunal.
5The applicant made a number of submissions however none of them address the fundamental point that, in this context as opposed to scenarios relied on by the applicant, the Tribunal’s Rules prescribe how delivery of documents must take place. The Rule is crystal clear that email may be used but only if the party to whom materials are being sent consents.
6The applicant provides no compelling reason why the Rule and the respondent’s preference should not be respected in these circumstances.
7For these reasons the respondent’s Request is granted. The applicant will deliver her materials to the respondent by regular mail.
Dated at Toronto, this 18th day of December, 2017.
“Signed by”
David Muir Vice-chair