Jeffrey Andreoff v. Toronto Transit Commission, 2014 HRTO 1235

Human Rights Tribunal of Ontario

B E T W E E N:

Jeffrey Andreoff Applicant

-and-

Toronto Transit Commission Respondent

-and-

Amalgamated Transit Union, Local 113 Intervenor

INTERIM DECISION

Adjudicator: Alison Renton Date: August 20, 2014 Citation: 2014 HRTO 1235 Indexed as: Andreoff v. Toronto Transit Commission

WRITTEN SUBMISSIONS

Jeffrey Andreoff, Applicant No submissions filed

Toronto Transit Commission, Respondent Marni Tolensky, Counsel

Amalgamated Transit Union, Local 113, Intervenor No submissions filed

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").

2After the Tribunal served the Application, the respondent filed a Request for an Order During Proceedings ("RFOP"), which requested the following:

1. An order that permits the respondent to access, use and disclose personal health information of the applicant from September 28, 2012 to the present related to issues raised by the Application and contained in the files of the respondent's Occupational Health and Claims Management ("OHCM") section for the purpose of preparing its Response to and defending against the Application. This order will extend to the respondent including reviewing and/or disclosing relevant documents in the OHCM file with individuals who are expected to be witnesses and individuals who provide instructions and/or respond to the Application.

2. An order permitting the respondent to file a full Response to the Application within 35 days following the Tribunal's decision with respect to the RFOP, or the date of disclosure of the applicant's OHCM file, whichever is later.

3The applicant has not filed a Response to the RFOP and the time for doing so has elapsed.

4The applicant has placed his medical condition from September 28, 2012 onwards in issue in his Application and has alleged that the respondent has failed to accommodate his disability. He has identified documentation from the OHCM file from September 28, 2012 onwards as being within the respondent's control and being relevant. In these circumstances, the respondent's Request is granted.

5I am not seized with this matter.