Dr. J. Cooper

The applicant, who has a learning disability, alleged that the Toronto Transit Commission (TTC) failed to accommodate her disability during the Bus Operator training program, improperly terminated her employment, and subjected her to a poisoned work environment.

The Tribunal found that the TTC made reasonable efforts to accommodate the applicant's learning needs once they were clearly communicated.

Relying on a vocational assessment, the Tribunal concluded that the applicant was incapable of performing the essential duties of a Bus Operator even with accommodation.

The Tribunal also found no evidence of a poisoned work environment and held that the TTC had no obligation to offer an alternative position to a job applicant who could not perform the job applied for.

The application was dismissed.

The applicant, a pedestrian struck by a vehicle, sought statutory accident benefits including income replacement, dental, and housekeeping benefits.

The arbitrator found the applicant was not entitled to ongoing income replacement benefits, as she was not substantially unable to perform the essential tasks of her pre-accident employment as a companion.

The arbitrator awarded the cost of an alternative dental treatment plan, finding the accident materially contributed to the need for it, despite pre-existing dental neglect.

The claim for housekeeping benefits was dismissed, as the applicant failed to prove a substantial inability to perform her pre-accident housekeeping duties.