The respondents in a human rights application sought an order permitting them to access, use, and disclose the applicant's personal health information contained in the employer's Occupational Health and Claims Management files to potential witnesses in order to prepare their Response.
The applicant consented to disclosure to the respondents and their counsel but objected to disclosure to potential witnesses.
The Tribunal held that under the Personal Health Information Protection Act and the Occupational Health and Safety Act, disclosure to potential witnesses is permissible for the purpose of participating in a proceeding.
The Tribunal granted the request subject to strict confidentiality requirements, granted a 35-day extension to file the Response, and ordered the respondents to provide the applicant with copies of the disclosed documents, subject to redactions for privilege.