FAQ's Cases - Stewart McKelvey

[1] This is an Application under section 34 of Part IV of the Human Rights Code,R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employmenton the basis of disability. The Application alleges that the applicant experienceddiscrimination when his employment was terminated specifically due to his disability.ISSUES FOR DETERMINATION[2] I must determine the following after consideration of all of the evidence:(a) Was the applicant disabled within the meaning of the Code at thetime of the alleged breach? and2012 HRTO 1489 (CanLII)(b) Was any real or perceived disability the applicant may have had afactor in the respondent, Transport Training Centres of Canada Inc.’sdecision to terminate the applicant’s employment?FACTS AND BACKGROUND[3] The applicant acted as the operations manager for Northwestern TransportTraining and Heavy Equipment (hereinafter “Northwestern”) commencing in 1997.Northwestern was purchased by Transport Training Centres of Canada Inc. (hereinafter“TTC”) in 2009. The applicant had a slip and fall accident in the parking lot of hisworkplace on February 3, 2010. He was laid off by his employer approximately twoweeks later. The lay-off was permanent. The applicant indicates that he had no noticeprior to that time that his job was in jeopardy.[4] The applicant testified that eight months prior to the purchase of Northwestern byTTC he was asked by Megan Jones of TTC to open up a school for them. He declinedthe offer but indicates that it is indicative of the respect TTC had for his qualificationsand experience in the industry. The applicant was informed on November 27, 2009 thatNorthwestern had been sold to TTC. He spoke with John Beaudry, president and ownerof TTC, on one occasion prior to December 2, 2009. On December 2, 2009, he hadanother conversation with Mr. Beaudry who advised him that TTC was a nationalcompany which could go one year without revenue being earned by the Thunder Bay