Lippai v. Vistakrupa Corporation, 2016 HRTO 980

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hannah Lippai

Applicant

-and-

Vistakrupa Corporation o/a Subway, Viraj Inc. o/a Subway, Viraj Patel, Pankajkumar Patel, and Rashmika Patel

Respondents

INTERIM DECISION

Adjudicator: Bruce Best Date: July 26, 2016 Citation: 2016 HRTO 980 Indexed as: Lippai v. Vistakrupa Corporation

WRITTEN SUBMISSIONS

Hannah Lippai, Applicant

Self-represented

Introduction

1This Application alleges discrimination in employment on the basis of disability under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents operate several Subway franchises. The applicant worked at the restaurants during the summer of 2015, and was terminated on August 11, 2015.

2On March 7, 2016, the applicant filed a Request for an Order During Proceedings (“Request”) seeking an order requiring the respondent to disclose the last name and last known contact information for another employee, “G____”, who was apparently working on the day the applicant’s employment was terminated, and who the applicant claims is a “material witness” to the matters raised in the Application. The Request included the first name and some further information to assist the respondent in identifying “G____” This information is not reproduced in this Interim Decision for privacy reasons, given that “G____” is not a party to the Application. The respondents did not file a Response to the Request.

3A mediation was scheduled for July 8, 2016, in Toronto, and a Notice of Mediation was sent to all the parties. The Notice of Mediation indicated that the Request would be addressed after the mediation if the parties were unable to reach a settlement. The applicant was present at the mediation, but none of the respondents appeared.

DECISION

4I am satisfied that the applicant’s request should be granted. “G____” was a co-worker and was present on the day of the termination, and as such may have information relevant to the matters raised in the Application.

ORDER

5Within 14 days of the date of this Interim Decision, the respondents shall disclose to the applicant the last name and last known address, telephone number and e-mail address of “G____”, who worked in the respondents’ restaurants in the summer of 2015, and who was working at the same restaurant as the applicant on August 11, 2015.

6I am not seized.