Habib v. Costco Wholesale Ltd., 2014 HRTO 1001

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christina Habib

Applicant

-and-

Costco Wholesale Ltd.

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: July 9, 2014

Citation: 2014 HRTO 1001

Indexed as: Habib v. Costco Wholesale Ltd.

WRITTEN SUBMISSIONS

Christina Habib, Applicant

Hena Singh, Counsel

Costco Wholesale Ltd., Respondent

Michael Horvat, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The applicant requests an order that the respondent produce to the applicant:

a. all documents related to any investigation(s) into allegations made by the applicant;

b. all original electronic files of all investigation documents, as well as the attached note, dated December 18, 2014 [sic];

c. all documents relating to the applicant's vacation pay.

3The respondent filed a response to the above requests as follows:

a. there was no "investigation" and that the only available document is the December 18, 2013 note about the meeting between the applicant and Ms. Knocker from the respondent, over which the respondent does not claim privilege and which the applicant has in its possession already;

b. the original note, dated December 18, 2013, without corrections made upon Ms. Knocker's further recollection with respect to the meeting between her and the applicant is attached to the response and there are no electronic files of any investigation documents; and

c. the request is overly broad and potentially is a "fishing expedition" and it is not clear from the Application or the Amended Application the claim being asserted with respect to vacation pay, although the respondent has attached to the response a summary of the vacation taken and paid by the respondent to the applicant.

decision

4The respondent advises that there are no further notes or electronic files other than the original copy of the December 18, 2013 note that it provided to the applicant. The Tribunal therefore makes no order for disclosure.

5With respect to the request for all documents relating to the applicant's vacation pay, the respondent provided a summary of the applicant's vacation taken and paid by the respondent. At this time, the Tribunal makes no further order with respect to production of documents relating to vacation pay. If upon review of the summary provided by the respondent there are specific documents the applicant requires with respect to vacation pay, she can renew her request with a further request setting out more particulars of the documents she is requesting.

6The request for production is denied.