Jeanine Watt

In a human rights application alleging discrimination on the basis of disability, family status, and marital status, the respondent requested an order for the production of the applicant's arguably relevant documents, medical records, and employment records from another employer.

The Tribunal ordered the applicant to produce all arguably relevant documents and her medical records limited to the period up to her termination date.

The applicant was also directed to inquire whether she could obtain her employment file from her other employer.

The respondent filed a Request for Order During Proceedings seeking particulars regarding the applicant's claims of discrimination based on disability and family status, as well as an extension of time to file its Response.

The applicant opposed the request, arguing the Application contained sufficient particulars.

The Tribunal granted the respondent's request, finding the particulars sought related to key information reasonably required to file a full Response, and extended the deadline for the Response.

The applicant alleged discrimination on the basis of disability, marital status, and family status by her former employer and union following her termination for innocent absenteeism.

The Tribunal held a summary hearing to determine whether the application should be dismissed.

The Tribunal dismissed the allegations relating to incidents from 2009 and 2010 as untimely.

The Tribunal also dismissed the allegations against the union, finding no reasonable prospect of success as there was no evidence the union's actions were based on discriminatory factors.

However, the Tribunal declined to dismiss the timely allegations against the employer regarding the termination, finding that a prior settlement agreement between the union and employer did not appropriately deal with the substance of the human rights claim because the applicant was not a party to it.

The applicant in a human rights complaint alleging disability discrimination filed Requests for Order During Proceedings seeking specifics regarding medical records sought by the respondent, an order that the respondent pay for the records, and an order that the respondent obtain WSIB records directly.

The applicant also requested anonymization of the Tribunal's decisions.

The respondent requested an extension of time and an adjournment.

The Tribunal denied the applicant's requests, ordering her to comply with a previous production order, and found no basis for anonymization.

The respondent's requests were denied as premature.

In a human rights application alleging discrimination in employment on the basis of disability, the respondent requested the production of the applicant's medical records and WSIB file.

The applicant opposed the use of her WSIB file, citing section 59(6) of the Workplace Safety and Insurance Act, which requires her consent for such use in other proceedings.

The Tribunal found that the applicant's physical and mental health were at the core of the dispute regarding accommodation.

The Tribunal ordered the applicant to produce the requested medical and WSIB records and to provide her consent for the respondent to refer to the WSIB materials in the proceeding.

The applicant filed a Request for Order during Proceeding seeking an extension of the deadline to deliver arguably relevant documents under Rule 16.1 of the Tribunal's Rules of Procedure.

The respondent opposed the request, noting the applicant's failure to comply or provide an explanation.

The Tribunal found that the respondent would not suffer prejudice, as the hearing was over three months away.

The Tribunal granted the request in part, extending the deadline to February 29, 2012, but declined the applicant's request for a longer extension to April 2, 2012, due to the lack of explanation.