HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ronald Pfohl
Applicant
-and-
1430819 Ontario Limited o/a OMS Express
Respondent
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Pfohl v. 1430819 Ontario Limited o/a OMS Express
WRITTEN SUBMISSIONS
Ronald Pohl, Applicant
Robert H. Littlejohn, Counsel
1430819 Ontario Limited o/a OMS Express, Respondent
Ron Thompson, Representative
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”).
2In a Notice of Hearing issued on September 25, 2014 the parties were advised that the hearing of this case would begin on February 9, 2015.
3The applicant has asked that the hearing be adjourned until June or July 2015. The applicant asserts that he will not have received his medical documents in time to review prior to the hearing date. The applicant also argues that he does not yet have payroll documents from the respondent.
4The respondent opposes the request to adjourn. It argues that the medical issues are not relevant to the ultimate issue in the case because it concedes that the applicant was injured in an accident and asserts that the applicant’s dismissal from employment was for economic reasons and had nothing to do with the applicant’s disability.
5Whether or not the medical materials the applicant is now collecting are relevant to the issues in dispute, the request to adjourn the hearing is premature and the reasons for it are entirely speculative. Delay in the production of arguably relevant documents can be dealt with in a number of ways including allowing for late production of materials beyond the current deadline of December 29, 2014.
6For these reasons the adjournment request is denied and the hearing will proceed as scheduled on February 9, 2015.
Dated at Toronto, this 27th day of October, 2014.
“Signed by”
David Muir
Vice-chair