Kathleen O’Grady v. Bell Canada

Kathleen O’Grady v. Bell Canada

The Tribunal will not reopen a completed hearing to re-litigate admissibility rulings or compel Commission attendance; however, in the interests of fairness the Complainant is permitted to file amended final written submissions within 60 days limited strictly to evidence accepted at the Hearing, with subsequent timed responses from the parties, and derogatory allegations against opposing counsel are struck from the record.

Citation
2017 CHRT 20
Parties
Complainant: Kathleen O’Grady; Commission: Canadian Human Rights Commission; Respondent: Bell Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
28 June 2017
Procedural Posture
Human Rights Disability Complaint / Interim Ruling on Motion to Reopen and Amend Submissions
Outcome
Motion denied in part and granted in part as set out in orders
Legal Topics
Disability, Admissibility of Evidence, Reopening Hearings/adjournment, Participation of Commission, Final Written Submissions
Source Language
English
Human Rights Administrative Law Evidence Disability Admissibility of Evidence Reopening Hearings/adjournment Participation of Commission Final Written Submissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kathleen O’Grady

Complainant

Canadian Human Rights Commission

Commission

Bell Canada

Respondent

Procedural Posture

Human Rights Disability Complaint / Interim Ruling on Motion to Reopen and Amend Submissions

Legal Issues

  1. 1 Whether the Tribunal should reopen a completed hearing to admit evidence previously ruled inadmissible
  2. 2 Whether the Commission can be ordered to attend and participate at the hearing
  3. 3 Whether the Complainant may amend final written submissions after the hearing and the limits on such amendments

Ratio Decidendi

The Tribunal will not reopen a completed hearing to re-litigate admissibility rulings or compel Commission attendance; however, in the interests of fairness the Complainant is permitted to file amended final written submissions within 60 days limited strictly to evidence accepted at the Hearing, with subsequent timed responses from the parties, and derogatory allegations against opposing counsel are struck from the record.

Court Disposition

Motion denied in part and granted in part as set out in orders

Orders

  • Complainant allowed to amend final written submissions provided they do not raise any fact or issue not submitted at the Hearing, are based only on evidence accepted at the Hearing from either party, contain no derogatory remarks about Respondent counsel, and are submitted no later than 60 days from the date of this...
  • Respondent shall have 60 days after receipt of the Complainant’s amended final written submissions to file amended final written submissions in response, if it wishes to do so.