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Human Rights (Ont) - Disclosure. Opara v. Human Rights Tribunal of Ontario
In Opara v. Human Rights Tribunal of Ontario (Div Court, 2023) the Divisional Court considered questionable administrative 'disclosure' as a procedural fairness issue, here in a HRTO context:[14] In addition to the above, the applicant submits that there was a breach of procedural fairness because he was given no disclosure prior to the preliminary hearing. However, it is more accurate to say that the applicant was given some disclosure, but not everything he sought in his request for production of documents.
[15] As set out in the above Case Assessment Direction, the HRTO required that the parties provide witness statements and documents that they intended to rely on at least 45 days before the preliminary issue hearing. Collabria and Desjardins did so. There was also some voluntary disclosure as set out in emails between the parties that form part of the record.
[16] However, the applicant also submitted an extensive request for an order for the production of documents dated July 8, 2020, which was denied. That request included, for example, requests for considerable data for all Meridian credit cards that Desjardins provides insurance for and all notes, emails, minutes or notes of meetings and correspondence, both internal and external, about policies and terms related to Desjardins’ review of the insurance on its credit cards.
[17] The interim decision on the document request indicated that the applicant did not explain why the documents were requested at that stage, but the applicant had provided some submissions. Before this Court, the applicant submits that all of this data/documents was needed to permit the applicant to retain an expert actuary for the purposes of the preliminary hearing. We are not persuaded that is the case. Nor are we persuaded that such an extensive production request is required for the fair determination of the issues on the preliminary hearing. However, it may be that some production is needed. We need not rule on the production request in isolation. Given our decision to require a new hearing, the applicant may make a fresh request for an order for production in accordance with the HTRO process and it will be for the HRTO to address whatever request is made in the first instance.
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