Erik Kupka

The applicant in a human rights proceeding brought a motion requesting that the Tribunal order the respondents to produce as witnesses the authors of all documents in their document brief.

The applicant also requested accommodation for disability-related restrictions during the hearing.

The Tribunal dismissed the request to order witness production, finding the applicant failed to identify the specific witnesses or the evidence they would give, and noted that the applicant had ample time to review the documents and arrange for witnesses himself.

The Tribunal granted the accommodation request, ordering that the hearing proceed at a pace allowing the applicant to fully participate and offering the services of a Real Time Captioner.

The applicant alleged discrimination on the ground of disability following the termination of his employment.

The applicant's union had also filed a group grievance regarding the terminations.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the grievance.

Finding that the issues in the application and the grievance overlapped, the Tribunal deferred the application to avoid the possibility of inconsistent decisions.