Wallwork v. Toyota Motor Manufacturing Canada Inc., 2013 HRTO 2062

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steven Wallwork

Applicant

-and-

Toyota Motor Manufacturing Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: December 13, 2013

Citation: 2013 HRTO 2062

Indexed as: Wallwork v. Toyota Motor Manufacturing Canada Inc.

WRITTEN SUBMISSIONS

Steven Wallwork, Applicant

Self-represented

Toyota Motor Manufacturing Canada Inc., Respondent

Melissa I. Roth & Ted J. Kovacs, 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 and on the basis of reprisal.

Applicant's Request to Amend Application/Untimely Allegations

2The applicant's request to amend his Application to include race as a ground of discrimination is granted.

3The applicant alleges that derogatory terms were used on one occasion in 2011 and on several different occasions in 2013 after he commenced his Application. The allegations about the use of derogatory terms may be linked to his reprisal claim as well as race discrimination.

4Despite the 2013 allegations arising after the Application was filed, the Tribunal allows the Application to be amended to include them because otherwise the applicant would be required to commence a second Application containing many of the same facts at issue in this Application. The amendment will permit efficiency in hearing all of the applicant's allegations at once. With respect to the 2011 allegation the respondent correctly identified this incident as untimely, in accordance with s. 34(1)(a) of the Code. The narrative is amended to include the 2011 incident only for the purposes of providing context for the timely allegations.

5The applicant shall provide to the respondent and to the Tribunal particulars of all of his allegations with respect to race, including completing paragraphs A13 and A14 of the Tribunal's Form A-1 and providing details of when and where the events took place and what was said, by no later than December 18, 2013.

Applicant's Request for Disclosure of Documents

6The applicant requested disclosure of various documents from the respondent. The respondent takes the position the applicant's request is premature as he has not yet provided his list of arguably relevant documents as required under Rule 16.1.

7The applicant attached several documents to his Request for an Order During Proceedings ("RFOP") of July, 2013. The respondent advised the Tribunal that the applicant had provided his list of arguably relevant documents as of November 28, 2013. If the applicant has other documents not included in that RFOP, he shall provide an updated list. He does not need to provide copies of the documents at this time that he does not intend to use at the hearing, but just the list. If the applicant does not provide an updated list by December 18, 2013 or advise the Tribunal that his list already is complete, his Application may be considered to have been abandoned.

8The Notice of Confirmation of Hearing set December 16, 2013 as the date for production and filing of copies of the documents each party intends to use at the hearing. In the circumstances the time for production of documents is extended to December 24, 2013. At this time, pending any further order for the production of documents, the applicant shall disclose those documents he has in his possession.

9The applicant requested additional production of documents from the respondent, but this request remains premature until the applicant provides any updated list of arguably relevant documents, and until the parties provide their documents to be relied on at the hearing. Once the parties have delivered to each other and to the Tribunal the documents they intend to use at the hearing, the applicant can renew his request for additional disclosure from the respondent if there still are documents he wishes to have disclosed by the respondent.

order

10The Tribunal orders:

a. That the Application is amended to include the ground of race.

11The Tribunal orders that the applicant shall:

a. complete paragraphs A13 and A14 of the Tribunal's Form 1-A and deliver it to the respondent and to the Tribunal by no later than December 18, 2013;

b. provide to the Tribunal and to the respondent particulars with respect to his race allegations including when and where the statements were made and what was said by no later than December 18, 2013;

c. provide to the Tribunal and to the respondent an updated list, if any, of arguably relevant documents by no later than December 18, 2013;

d. provide to the Tribunal and to the respondent his documents to be used at the hearing by no later than December 24, 2013.

12The Tribunal orders that the respondent shall:

a. provide any response to the applicant's particulars with respect to the race allegations by no later than December 24, 2013; and

b. provide to the Tribunal and to the applicant its documents to be used at the hearing by no later than December 24, 2013.

13Once the documents to be used at the hearing are provided by the parties, the applicant by no later than January 6, 2013 may renew his request for production of any documents he believes have not been disclosed by the respondent and that he wishes to use at the hearing.