Bindra v. Ontario Infrastructure Projects Corporation, 2011 HRTO 1089

Human Rights Tribunal of Ontario

B E T W E E N:

Arvinder Bindra

Applicant

-and-

Ontario Infrastructure Projects Corporation

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: June 6, 2011

Citation: 2011 HRTO 1089

Indexed as: Bindra v. Ontario Infrastructure Projects Corporation

1This Application was filed on November 2, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination with respect to employment because of disability. The applicant alleges failure to accommodate and discriminatory dismissal by the respondent employer.

2The applicant’s insurer is Great West Life Assurance Company (“GWL”). The applicant and GWL settled a civil claim with respect to the issue of payment of long-term disability benefits.

3On March 14, 2011, the respondent filed a Request for Order During Proceedings asking that the Tribunal order the applicant to provide unredacted copies of two settlement documents. The respondent submits that it requires disclosure of the details of the financial settlement in order to ensure that the applicant is not doubly compensated for the same heads of damages because figures noted in the settlement are attributed to the applicant’s income.

4By way of Interim Decision 2011 663, the applicant was directed to provide to the respondent, copied to the Tribunal, written confirmation of its position regarding disclosure of unredacted settlement figures. The Tribunal held that given that the Application seeks compensation for loss of income, it appears that the settlement figures may be arguably relevant for purposes of mediation and with respect to the issue of damages.

5On April 11, 2011, the applicant produced to the respondent one unredacted settlement document which provided disclosure of the global amount paid by GWL in settlement to the applicant.

6On May 3, 2011, the respondent wrote to the Tribunal seeking disclosure of the second settlement document which indicates the breakdown of the settlement amount between income and LTD arrears.

7Although the applicant did not respond to the respondent’s May 3^rd correspondence, based on the materials in the file it appears that the applicant objects to further disclosure on the basis that the settlement with GWL is irrelevant to the allegations of employment discrimination as against the respondent.

ORDER

8As stated in the earlier Interim Decision, the settlement figures appear to be arguably relevant to the issue of damages, particularly given that both parties have indicated they are amenable to participating in mediation and because termination pay and reinstatement have been claimed by the applicant as part of his remedial relief. In these circumstances, the applicant is ordered to provide to the respondent with disclosure of the breakdown of the settlement figures by producing an unredacted version of the December 22, 2010 letter.

9Within 7 days of the date of this Interim Decision, the applicant is required to provide to the respondent disclosure of the breakdown of the settlement figures by producing an unredacted version of the December 22, 2010 letter and the applicant is also required to file confirmation with the Tribunal that it has provided the respondent with such disclosure.

10The Registrar will schedule this Application for mediation.

11I am not seized.