Gallagher v. OCAD University, 2017 HRTO 1609

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Gallagher

Applicant

-and-

OCAD University

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: December 4, 2017

Citation: 2017 HRTO 1609

Indexed as: Gallagher v. OCAD University

WRITTEN SUBMISSIONS

John Gallagher, Applicant

Self-represented

OCAD University, Respondent

Stephanie Young, Counsel

1This Interim Decision addresses the production requests made by the applicant in his most recent Requests for Orders During Proceedings (“RFOPs”).

2The applicant alleged that the respondent discriminated against him because of disability and reprised against him contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Among other things, the applicant alleged that his managers bullied him and unfairly criticized his performance. He also alleged that the respondent failed to provide reasonable accommodations for his disability. In addition, he alleged that the respondent reprised against him for making an accommodation request by threatening him with termination if he did not agree to an extension of his probationary period.

production request

3The applicant has requested that the Tribunal order the respondent to produce the following:

a. a copy of the applicant’s Accessibility for Ontarians with Disabilities Act (“AODA”) disability customer service module; and

b. a copy of some pay stubs.

4The respondent indicated that it does not have the AODA document referred to by the applicant. The respondent produced the requested pay stubs along with its Response to the applicant’s production request. Therefore, I consider this request satisfied.

Finding

5The basic principle in determining a production request by this Tribunal is whether the requested documents are “arguably relevant”. At this stage, it is difficult to determine the potential relevance of the AODA document requested by the applicant. However, I accept that the AODA document is at least arguably relevant to the issues raised in this case. I note that the respondent has confirmed that it has produced the complete contents of the applicant’s HR file to him. If the respondent has in its possession or control a copy of any kind of AODA document, test or module completed by the applicant, it must produce it to the applicant and file a copy with the Tribunal.

order

6For the reasons set out above, no later than December 8, 2017, the respondent must produce to the applicant, and file with the Tribunal, a copy of any AODA document, test or module completed by the applicant during his employment with the respondent.