Wyman v. Prysmian Power Cables and Systems Canada Ltd., 2017 HRTO 1318

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Wyman

Applicant

-and-

Prysmian Power Cables and Systems Canada Ltd.

Respondent

INTERIM DECISION

Adjudicator: Yasmeena Mohamed
Date: October 5, 2017
Citation: 2017 HRTO 1318
Indexed as: Wyman v. Prysmian Power Cables and Systems Canada Ltd.

WRITTEN SUBMISSIONS

John Wyman, Applicant
George Walker, Paralegal

Prysmian Power Cables and Systems Canada Ltd., Respondent
Daniel E. Attwell, Counsel

1This Interim Decision addresses the respondent’s Request for an Order During Proceedings (“Request”) dated August 11, 2017.

2The respondent seeks particulars of the applicant’s claim that the respondent discriminated against him because of disability when it terminated his employment, failed to accommodate his disability and restrictions and made harassing remarks about his disability. The respondent submits that without sufficient particulars, it is unable to provide a fulsome and meaningful Response to the Application.

REQUEST FOR PArticulars

3The respondent requested particulars to the following allegations made in the Application:

a. On March 3, 2014, the applicant alleges that he got out of a forklift, put weight on his right knee and “felt a pop”;

b. The applicant alleges that he was supposed to work on modified duties as a forklift driver, but the respondent pushed him to operate the Leso machine with increased limitations. The applicant alleges that the respondent failed to abide by the applicant’s workplace restrictions;

c. The respondent had two medical opinions of the restrictions imposed on the applicant;

d. The applicant alleges that the respondent had predetermined four months prior to his termination that he was to return to the Leso machine, despite his restrictions; and

e. The applicant alleges that the respondent made harassing comments in the workplace towards the applicant regarding his restrictions

4The applicant has not filed a response to the respondent’s Request for particulars and the time for doing so has passed.

DECISION

5Having reviewed the materials in this case, I grant the respondent’s Request for particulars. I find to the applicant’s allegations that he has a disability, his medical restrictions, his modified work duties and removal of those duties and harassing comments about his disability. The particulars are reasonably required by the respondent in order understand the allegations, and to file a Response.

ORDER

6The Tribunal orders as follows:

a. Within 14 days of this Interim Decision, the applicant is directed to provide the particulars requested in the respondent’s Request for particulars dated August 11, 2017.

b. Within 30 days of the applicant’s delivery of the particulars to the respondent, the respondent must file its Response.