Natash Parsaud

The respondent in a human rights application alleging sexual harassment brought a motion seeking production of documents from a Crown brief detailing approximately 50 prior criminal investigations involving the applicant.

The Tribunal had previously found the documents arguably relevant.

Following a telephone conference, the parties agreed to a procedure to notify the Crown and the Toronto Police Services to obtain their positions on the proposed disclosure in accordance with the Wagg screening process.

The respondent in a sexual harassment application brought a request for the production of documents from a Crown brief detailing approximately 50 previous criminal complaints made by the applicant, many of a sexual nature.

The Tribunal found that the existence of previous similar complaints was arguably relevant as similar fact evidence.

However, the Tribunal adjourned the hearing and requested further written submissions from the parties on whether the probative value of the documents was outweighed by potential prejudice, and whether any privilege or immunity attached to them.