In an interim decision, the Human Rights Tribunal of Ontario addressed the respondent's late disclosure of highly relevant documents on the morning of the hearing.
Although the adjudicator found the respondent failed to exercise due diligence, the documents were admitted to ensure a fair and just resolution on the merits, as there was no evidence of fabrication or deliberate concealment.
An adjournment was granted on consent due to the late disclosure.
The Tribunal also ordered the bifurcation of the hearing into liability and remedy phases and issued case management directions requiring the parties to file complete statements of evidence in advance of the next hearing dates.
