[1] This is an Application dated August 11, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The underlying complaint was filed with the Ontario Human Rights Commission on April 17, 2006.

[2] By interim decision dated March 18, 2009, the respondent’s request for an adjournment of this Application was denied, and the parties were directed to bring certain documents and materials to the case resolution conference scheduled to commence on March 23, 2009.

Having reviewed the state of disclosure of documents and materials as between the parties, all parties have now consented to the adjournment of this matter.
In particular, this matter is adjourned pending the applicant’s medical appointments in May 2009 with his cardiologist, Dr. Sluzar, and with his surgeon, Dr. Bhatnagar, where the applicant will be able to obtain the medical documentation required to complete disclosure in this case.
The applicant is directed to obtain from Dr. Sluzar and from Dr. Bhatnagar the following material and to disclose this material to the respondent and file it with the Tribunal immediately upon receipt and in any event by no later than June 9, 2009:

i. original notes made by these doctors of appointments from the time of the applicant’s surgery in December 2006 to date;

ii. from Dr. Bhatnagar, a letter stating:

what was discussed during his appointment with the applicant on March 20, 2006,
what specifically Dr. Bhatnagar told the applicant regarding his ability to return to work at that time,
what if any physical restrictions or limitations the applicant may have had regarding his ability to perform the essential duties of his position as the respondent’s Warehouse Manager as of March 20, 2006, and
if the applicant had any physical restrictions or limitations at that time, whether this has changed since that time, when any such changes occurred, and what the nature of the change was;

iii. from Dr. Sluzar, a letter stating:

what he meant by “light duties” in his letter dated April 24, 2006,
what physical restrictions or limitations the applicant had regarding his ability to work at that time, and
whether the applicant’s physical restrictions or limitations have changed since that time, when any such changes occurred, and what the nature of the change was.
The hearing will be scheduled to resume on June 29 and 30, 2009, and all parties should appear on June 29, 2009 with all documents they intend to rely upon and all witnesses they intend to call to give evidence.
If the respondent intends to require the attendance of either Dr. Sluzar or Dr. Bhatnagar after having received and reviewed the materials disclosed by the applicant, it shall notify the Tribunal and the applicant by no later than June 16, 2009 and the applicant shall make efforts to arrange for the attendance of the doctors for the hearing, which shall be by telephone conference call.