Human rights application alleging sexual harassment during a medical examination dismissed for lack of evidence.
The applicant alleged that the respondent doctor sexually harassed her by unnecessarily exposing her breast during a physical examination for chronic pain.
The respondent doctor testified that examining the pectoralis muscles was medically necessary to assess her condition.
An expert witness in pain management supported the respondent's methodology as meeting the standard of practice.
The Tribunal found that the applicant failed to establish discrimination or harassment on the basis of sex, accepting the medical necessity of the examination.
Application dismissed.
Valenzisi v. 2 Vita – Dr. Jeff Matheson, 2015 HRTO 527