Peter Litmola v. Lawn Troopers Inc., 2016 HRTO 1517

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Peter Litmola

Applicant

-and-

Lawn Troopers Inc.

Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: November 25, 2016

Citation: 2016 HRTO 1517

Indexed as: Litmola v. Lawn Troopers Inc.

1This Application alleges discrimination with respect to employment because of record of offences contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The hearing into this this case is scheduled for December 9, 2016. On November 24, 2016, the respondent filed a Request for Order During Proceeding (“Request”) seeking the production of the following materials:

Any and all documents relating to the Applicant’s job search efforts, including but not limited to:

a. Any job applications, resumes or cover letters he has submitted since 2015;

b. Any and all job offers received by the applicant since September 2015;

c. Any other documentation or records (including electronic records) of any kind relating to the applicant’s job search efforts;

d. Any contracts of employment or pay stubs relating to any employment secured by the applicant or amounts earned by the applicant since September 2015;

e. Any documents relating to the applicant’s own personal business, including but not limited to any marketing documents, business plans, proposals to perform services, invoices, e-mail or other documents relating to payment terms, contracts or quotes to perform services, or earning statements of any kind;

f. Any other documents showing the amounts the applicant earned since September 2015, including details of any cash receipts as well as any T4s or income tax returns.

3Since a portion of the applicant’s claim is for loss of compensation, his mitigation efforts may have an impact on the level of compensation, if any, he would be entitled to if the Application is successful. Therefore, any documentation relating to the applicant’s mitigation efforts are arguably relevant to the matters at issue in the Application. In my view, however, the request for documents in item e. above is overly broad.

order

4The Tribunal hereby makes the following order:

a. Within seven (7) calendar days of the date of this Interim Decision the applicant will produce to the respondent the documents identified in paragraph [2] above with the exception that item e. will be limited to “earning statements of any kind”.