Tribunal orders production of documents and requires doctor's cross-examination for medical notes to be admitted.
In an application alleging discrimination on the basis of disability regarding the requirement to work night shifts, the Tribunal issued an interim decision on preliminary issues.
The Tribunal ordered that the claimant's family doctor must be made available for cross-examination if her medical notes are to be admitted for the truth of their contents.
The Tribunal permitted the doctor to testify by telephone, finding no significant prejudice to the respondents.
Finally, the Tribunal ordered the applicant to produce requested medical and mitigation documents, as they met the threshold of arguable relevance.
Eugene Ivanescu on behalf of Anna Ivanescu v. Credit Valley Hospital, The Manufacturers Life Insurance Company and Acclaim Ability Management, 2012 HRTO 1211