Mohammad Alam v. Brimell Motors Ltd., 2009 HRTO 1987

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mohammad Alam

Applicant

-and-

Brimell Motors Ltd., Laura Moon, Mike Hamilton and Anthony King

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 23, 2009

Citation: 2009 HRTO 1987

Indexed as: Alam v. Brimell Motors

1This is an Application filed December 23, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Case Resolution Conference is scheduled for December 1 and 2, 2009. This Interim Decision deals with the applicant’s request for production.

2The applicant alleges that the respondents terminated his employment because of his disability. The respondents state that they terminated the applicant’s employment for failure to comply with company rule and policies.

3The applicant seeks production of the CSI reports and monthly sales records for all sales persons from June 2007 to April 2008. As the respondents are not alleging that his sales were the reason for the termination, these documents are not arguably relevant.

4The applicant also seeks performance appraisals for all sales people from June 2007 to April 2008 and minutes of management meetings concerning those appraisals. The applicant’s performance appraisals and notes or minutes of meetings concerning his performance are relevant and should be produced within seven days of the date of this Interim Decision.

5At this stage, I am not satisfied that the appraisals of other sales people or notes of meetings concerning those employees are arguably relevant.

6The applicant seeks a lease buyout agreement and documentation regarding a lease. The applicant has not offered any explanation why these documents are relevant and the request is denied.