HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Devica Kassim
Applicant
-and-
City of Toronto
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Kassim v. Toronto (City)
WRITTEN SUBMISSIONS
Devica Kassim, Applicant
Grace A. Permaul, Counsel
City of Toronto, Respondent
Heather Crisp, Counsel
Introduction
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 with respect to employment because of disability.
request for an order for particulars
2The respondent filed a Request for an Order During Proceedings ("RFOP") requesting particulars with respect to certain paragraphs of the Application. The applicant has consented to the request for particulars. The Tribunal orders that particulars be provided as set out below.
Request for production of employee health records
3The respondent requested production of the applicant's employee health and rehabilitation records. The applicant takes the position this request is premature in light of Rules 16 and 17 of the Tribunal's Rules of Procedure.
4This matter has not yet been scheduled for a hearing and therefore there has not yet been any disclosure pursuant to Rules 16 and 17. I agree with the applicant that the request is premature. However, when the applicant discloses her arguably relevant documents, if the respondent believes that there are arguably relevant medical records which have not been disclosed, then the respondent can renew its request.
order
5The applicant shall within 14 days of the date of this Order provide particulars as follows:
a. Paragraph A15 of her Application - which supervisor and co-workers allegedly harassed the applicant, of what the harassment consisted, when the incident(s) took place, what she believes constituted a poisoned work environment and how or whether the allegations relate to alleged discrimination;
b. Paragraph 7 of Appendix A to the Application – details of the unjustified negative reference, of what the alleged workplace bullying consisted, the identities of the people who did the alleged bullying, when the alleged bullying occurred and how or whether it relates to alleged discrimination on the basis of disability; and
c. Paragraph 10 of Appendix A to the Application – of what the alleged bullying by Yvonne Kharag consisted, when it occurred and how or whether it relates to alleged discrimination on the basis of disability.
6The Tribunal makes no order with respect to production of medical documents as the request is premature. The respondent can renew the request after production of arguably relevant documents, if necessary.
Dated at Toronto, this 10th day of December, 2013.
"Signed by"
Dawn J. Kershaw
Vice-chair