2 total
Respondent ordered to produce financial statements to support its economic restructuring defence to discriminatory termination allegations.
The applicant in a human rights proceeding alleging failure to accommodate and discriminatory termination sought an interim order for the production of the respondent's audited financial statements and other internal documents.
The respondent opposed, citing confidentiality and lack of relevance, arguing the termination was due to economic restructuring.
The Tribunal ordered the respondent to produce financial statements from 2012 to 2015, finding them arguably relevant to the respondent's defence of economic restructuring, and directed compliance with prior disclosure orders.
Applicant's request to amend remedy granted; respondent's request to adjourn hearing denied.
The applicant requested to amend the remedy sought in her human rights application, which the Tribunal granted as the respondent did not oppose.
The respondent requested an adjournment of the scheduled hearing because its counsel and potential witnesses might be subpoenaed for a Superior Court trial.
The Tribunal denied the adjournment, finding that the potential scheduling conflict was tentative and did not constitute exceptional circumstances.
The Tribunal also directed both parties to comply with their overdue disclosure obligations.