The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing her discrimination application as an abuse of process for failing to produce medical records.
In a prior case management direction, a Vice-Chair had ruled that the requirement to produce medical records was moot because the applicant was only pursuing general damages.
The adjudicator subsequently dismissed the application for non-production without addressing the mootness ruling or providing the applicant an opportunity to make submissions on altering it.
The Divisional Court granted the application, finding that the adjudicator breached procedural fairness by implicitly overturning the prior ruling without notice or process.
The HRTO decisions were quashed and the matter remitted to a different adjudicator.
