Derek Walton v. Greenestone Clinic Muskoka Inc., 2013 HRTO 204

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Derek Walton Applicant

-and-

Greenestone Clinic Muskoka Inc. Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin Date: February 5, 2013 Citation: 2013 HRTO 204 Indexed as: Walton v. Greenestone Clinic Muskoka Inc.

1This is an Application filed under s. 34 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. The applicant alleges that he was discriminated against when he was terminated while on a documented sick leave. The original Application named the respondent (the applicant’s employer) and two individuals (the operations manager who informed the applicant of the termination and the vice president executive performance and health who the applicant submitted would have needed to sign off on the termination).

2Responses have been filed by each respondent originally named. In addition, the two individuals named have each filed a Request for Order During Proceedings asking that they be removed as parties based on the application of the criteria in Persaud v. Toronto District School Board, 2008 HRTO 31 (the “Requests”). A copy of the Requests was delivered to the applicant and the organizational respondent. The applicant consents to each Request. No submissions have been filed by the corporate respondent.

3Having regard to the material filed and the submissions made including the consent of the applicant, the Requests to remove the individuals as respondents are granted. The style of cause shall be amended accordingly.

4As the applicant and respondent have agreed to mediation, the Application will be scheduled for mediation.

5I am not seized of this matter.