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Motions to qualify two expert witnesses and to require the Board to pay for a court reporter dismissed.
In an ongoing human rights complaint alleging systemic discrimination and reprisal in employment against the Toronto District School Board, the Commission and the Complainant sought to qualify two expert witnesses to provide opinion evidence on anti-racist education, institutional culture, and anti-black racism.
The Board of Inquiry declined to qualify both proposed experts, finding their evidence was neither relevant nor necessary to determine the specific issues of liability in the employment context.
Additionally, the Complainant brought a motion requesting the Board to provide a court reporter at its own expense for the remainder of the hearing.
The Board dismissed the motion, holding that the Human Rights Code does not require proceedings to be recorded and that the absence of a transcript would not breach the principles of natural justice.
Motion to amend human rights complaint to add reprisal allegations granted; motion for production dismissed as premature.
The Complainant brought preliminary motions to amend his human rights complaint to add allegations of reprisal and to compel the production of certain documents.
The Board of Inquiry allowed the motion to amend, finding it had jurisdiction to add reprisal allegations from a separate, unreferred complaint where the Commission and Respondents consented or did not object.
The motion for production was dismissed as premature, as the Respondents undertook to produce the requested yearbooks and relevant portions of personnel files, though the Board limited the scope of the personnel file disclosure to specific dates.
