Grace A. Permaul

The respondent filed a Request for an Order During Proceedings seeking particulars and the production of the applicant's employee health and rehabilitation records in a disability discrimination application.

The Tribunal ordered the applicant to provide the requested particulars on consent.

The Tribunal denied the request for medical records as premature, noting that standard disclosure had not yet occurred, but permitted the respondent to renew the request later if necessary.

The applicant filed a human rights application alleging employment discrimination based on race, colour, and ethnic origin.

The Tribunal issued a Notice of Intent to Dismiss because the initial application failed to connect the alleged mistreatment to Code grounds.

After receiving written submissions from the applicant's counsel that explicitly connected the mistreatment to the applicant's race and named a supporting witness, the Tribunal found it was not plain and obvious that the application fell outside its jurisdiction.

The Tribunal directed that the application be served on the respondents and denied the applicant's request to withhold the witness's name, noting the witness is protected from reprisal under section 8 of the Code.