HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Eugene Kowalsky
Applicant
-and-
Toronto Transit Commission
Respondent
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Kowalsky v. Toronto Transit Commission
WRITTEN SUBMISSIONS
Toronto Transit Commission, Respondent
Steve Lavender, Counsel
1In his Application, the applicant alleged that the respondent discriminated against him because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). The applicant alleged that the respondent discriminated against him when it terminated his employment and failed to accommodate his disability.
Applicant’s Production Request
2By Interim Decision, 2015 HRTO 900, I ordered the respondent’s medical provider, Dr. Norman Grosser, to produce certain records and clinical notes relating to his examination of the applicant or to confirm with the Tribunal in writing if no records or clinical notes exist beyond what has already been produced.
3By e-mail dated July 8, 2015, the respondent alerted the Tribunal to the fact that, I had not considered a letter from Dr. Grosser, which was attached to the respondent’s Response to the applicant’s production request. Due to an oversight, Dr. Grosser’s letter was not included in the hearing file. The letter confirms that Dr. Grosser did not make, nor does he have, any additional clinical notes or records pertaining to the applicant’s pre-employment examination other than what was noted in the pre-employment forms that the respondent has already produced.
4In light of this e-mail, I agree with the respondent that the production order set out in my previous Interim Decision is either moot or has been satisfied.
respondent’s production request
5In its recent correspondence with the Tribunal, the respondent requested an order that the applicant comply with a Case Assessment Direction (“CAD”) I issued on May 12, 2015. In that CAD, I noted that the applicant did not take issue with the arguable relevance of certain medical documents sought by the respondent. Among other things, I directed the applicant to produce to the respondent the complete clinical notes and records of Dr. Sam Masri or any other treating psychiatrist or other specialists by July 30, 2015. It appears that the applicant has produced a medical report from Dr. Masri but not his complete clinical notes and records, as directed in the CAD.
6As acknowledged by the applicant, these notes and records are arguably relevant to the issues raised in the Application and must be produced.
ORDER
7The applicant is ordered to produce to the respondent the complete clinical notes and records of Dr. Sam Masri within 14 days of the date of this Interim Decision.
8I am not seized of this matter.
Dated at Toronto, this 10th day of August, 2015.
“Signed By”
Jo-Anne Pickel
Vice-chair