The respondent hospital sought disclosure of documents and information relating to a human rights complaint alleging systemic discrimination.
The Ontario Human Rights Commission objected, arguing the request was premature and that the information was privileged.
The Board of Inquiry held that the Stinchcombe doctrine of disclosure applies to human rights proceedings given the serious nature of the allegations.
The Board found that while documents prepared for conciliation or litigation are privileged, statements gathered during the investigation stage are not.
The Board quashed the hospital's subpoena as premature but ordered the Commission to disclose complainant statements and relevant witness statements.
