Michelle Kungl v. Toronto Transit Commission, 2014 HRTO 335

Human Rights Tribunal of Ontario

Between:

Michelle Kungl Applicant

-and-

Toronto Transit Commission Respondent

Interim Decision

Adjudicator: Ken Bhattacharjee Date: March 12, 2014 Citation: 2014 HRTO 335 Indexed as: Kungl v. Toronto Transit Commission

Written Submissions

Michelle Kungl, Applicant Lisa D. Belcourt, Counsel

Toronto Transit Commission, Respondent Angela E. Rae, Counsel

1The applicant filed an Application with this Tribunal under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, which alleged that the respondent discriminated against her with respect to employment because of her disability.

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 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.

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 filed a letter with the Tribunal, which consented to the respondent’s Request.

4In the circumstances, the respondent’s Request is granted. I am not seized of this matter.