Galati v. Highland Farms, 2012 HRTO 1132

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Galati

Applicant

-and-

Highland Farms Inc., Charlie Coppa and Louis Coppa

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Date: June 8, 2011

Citation: 2012 HRTO 1132

Indexed as: Galati v. Highland Farms

WRITTEN SUBMISSIONS

Michael Galati, Applicant

Self-represented

Highland Farms Inc., Charlie Coppa and Louis Coppa, Respondents

Greg McGinnis, Counsel

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of disability. This Interim Decision addresses the applicant’s Request for an Order during Proceedings (Form 10) received by the Tribunal on May 15, 2012 requesting the production of certain documents from the respondents. I have received the respondent’s response. A hearing has been scheduled in this matter for June 27 and 28, 2012.

2The applicant requests that the respondent provide five “additional documents”. They are:

1. Copy of my Dated Original Application

2. Copy of the Dated form, REQUEST FOR COPIES OF CRIMINAL RECORDS

3. Copy of any disciplinary letters in my personal employee file

4. Copy of my second reference letter attached to my resume (indicating my full-time Managerial position with Metro)

5. Copy of my cover letter attached to my resume sent via fax, September 25, 2010.

3In their response dated May 29, 2012 the respondents state:

1. The Respondents do not have possession of “Copy of the Dated form, REQUEST FOR COPIES OF CRIMINAL RECORDS”.

2. There are no documents fitting the description of: “Copy of any disciplinary letters.

DECISION

4The information provided by the parties is not particularly clear. The applicant has not proved an explanation for why he is of the view that the requested documents are arguably relevant. The respondents have not provided a response in relation to three of the five documents the applicant has requested.

5In order to decide this matter, I am prepared to accept that documents in the possession of the respondents that relate to the applicant’s applications for employment and employment with the corporate respondent may be arguably relevant to the applicant’s allegations that he was discriminated against in employment. Accordingly my decisions are as follows.

6The applicant has requested his dated original application for employment with the corporate respondent. The respondents have already disclosed a dated application from the applicant from November 2010 when he began his employment with the corporate respondent (see Tab 2 of the respondents’ Book of Documents). If the respondents have another employment application from November 2010 for the applicant they are directed to disclose it.

7The applicant has asked for a dated copy of his criminal record. The respondents state that they do not have such a document. I am not entirely clear what this document is but given the respondents state that they have no such document I make no order for its production.

8The applicant requests copies of any disciplinary letters he may have received. The respondents state they are no such letters. Consequently there is no need to make an order in relation to this request.

9The applicant asks for copies of two documents he states he sent to the respondents, a reference letter (Document #4) and a cover letter (Document #5). If the respondents do have such letters they are ordered to disclose them.