HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rustem Berisa
Complainant
- and -
Ontario Human Rights Commission
Commission
- and -
City of Toronto, John Crilly, Toby Druce, Boris Rosalak, Nick Flora, Foster Cockburn, Al Cormier, Melanie Brown, Joe Briskos, and Liam Quinn
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim Date: November 4, 2008 Citation: 2008 HRTO 223 Indexed as: Berisa v. Toronto (City)
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / Toll free 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca
1This is a complaint referred to the Tribunal by the Ontario Human Rights Commission (the “Commission”) under the old Part IV of the Human Rights Code, R.S.O. 1990, c. H-19, as amended (the “Code”). The complaint alleges the respondents infringed the complainant’s right to equal treatment in employment without discrimination because of his ancestry, creed, ethnic origin, and place of origin contrary to subsections 5(1) and 5(2) and section 9 of the Code.
2At the Tribunal the complainant also alleges the respondents discriminated against him based on disability. The respondents have moved to strike the disability-related allegations on the basis of issue estoppel, abuse of process and/or on the basis that the Commission did not refer those allegations to the Tribunal under section 36(2) of the Code.
3The parties have also sought orders for production of documents.
4As the hearing resumes November 7, 2008 this decision is issued with reasons to follow.
DECISION
5Paragraphs 15, 16, 18, 19, 21 and 36 to 56 of the complainant’s statement of facts are struck and the allegations contained in them do not form part of the subject matter of these proceedings.
6The respondents’ request for documents relating to the disability claim is dismissed as these documents are not relevant to the issues in dispute in this proceeding.
7As the hearing has been bifurcated the respondents’ request for disclosure and production of medical and financial information is denied as premature. This is without prejudice to the respondents’ right to renew their request should the matter proceed to a hearing on remedy.
8The respondents shall produce those portions, if any, of each personal respondent’s personnel record that contain “investigations, counselling sessions, workplace notifications and disciplinary notations” relating to any of the allegations of discrimination set out in the Commission’s or complainant’s statement of facts (except for the excluded disability related allegations) or relating to any steps allegedly taken by the respondents to deal with those allegations.
9This proceeding will continue on November 7, 2008.
Dated at Toronto, this 4th day of November 2008.
‘Signed by”
Kaye Joachim Alternate Chair