HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ontario Human Rights Commission

Commission

-and-

Linda Dunham

Complainant

-and-

Calstone Inc.

and Kurt Schulz

Respondents

Interim DECISION

Adjudicator: The Honourable Alvin B. Rosenberg, Q.C.

Date: May 23, 2007

Citation: 2007 HRTO 16

Human Rights Tribunal of Ontario

400 University Avenue, 7^th^ Floor

Toronto ON M7A 1T7

Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946

TTY (416) 314-2379 / 1-800-424-1168

E-mail hrto.registrar@jus.gov.on.ca

Website www.hrto.ca

[1] IN THE MATTER OF THE HUMAN RIGHTS CODE (the Code) and in the matter of a complaint under the Code between Linda Dunham, Complainant and Calstone Inc. and Kurt Schulz, Respondents, and the Ontario Human Rights Commission. Calstone Inc. moves for production by Ms. Dunham of:

(1) All medical records relating to her asthma including transcriptions.

(2) A better or transcribed copy of the medical records already produced.

(3) Records of Workers Compensation received by her from the date of her employment with Calstone Inc. forward.

(4) Records of Welfare or Unemployment Insurance payments received by her during the same period.

[2] Calstone Inc. also moved for an adjournment.

[3] In view of my decision on production this matter is adjourned sine die to be brought on within sixty days from now, although the pleadings and correspondence do not clearly define the issues the Tribunal will have to determine.

(a) Does Ms. Dunham have asthma?

(b) If so, how severe is it?

(c) Does it amount to a disability under the Code entitling her to accommodation?

(d) To be in breach of the Code, is it necessary to know of the disability?

(e) When did the Respondents learn of the asthma?

To determine these, the Tribunal will require the production sought by the Respondent, Calstone Inc.

[4] The Motion is granted except that #1 is confined to five years before the Complaint onward.

[5] The acceptance of this limitation is without prejudice to the right to move for additional production if deemed necessary after receiving the productions as ordered.

Dated at Toronto, this 23rd day of May, 2007.

The Honourable Alvin B. Rosenberg, Q.C.

Member