Kimberly MacMichael v. Toronto Catholic District School Board, 2015 HRTO 150

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kimberly MacMichael

Applicant

-and-

Toronto Catholic District School Board

Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: February 2, 2015

Citation: 2015 HRTO 150

Indexed as: MacMichael v. Toronto Catholic District School Board

WRITTEN SUBMISSIONS

Kimberly MacMichael, Applicant

Paul Mennie, Representative

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

2This Interim decision deals with a Request for Order During Proceedings (“Request”) filed by the applicant seeking the production of documents from the respondent – Employee Travel Allowance Expense Report, January 2012 to the present for named employees of the respondent. The respondent did not file a Response to the Request as of this date.

3The applicant states that this documentation will demonstrate that, while she is denied paid mileage, similarly situated employees claim and are paid mileage.

4In her Application, the applicant alleges that she is being treated differently from other technicians who work out of a single location on a daily basis that claim and are paid mileage. At this stage it appears that the kind of material sought by the applicant is arguably relevant to the issue raised in the Application and should be produced, if such material exists or can be retrieved at this stage.

5The applicant also seeks production of “Full home Address”. It is unclear whose home addresses are being sought or how this information is arguably relevant. Consequently, the production request for this information is denied.

order

6The respondent will deliver to the applicant the Employee Travel Allowance Reports for the period January 2012 to the present, if they exist and can be retrieved, for the employees named in the Request.