Human Rights Tribunal of Ontario
B E T W E E N:
Ontario Human Rights Commission
Commission
-and-
Courtney McEwan
Complainant
-and-
Commercial Bakeries Corporation and Rosemarie Rea
Respondents
INTERIM DECISION
Adjudicator: Mary Ross Hendriks
Human Rights Tribunal of Ontario 400 University Avenue, 7th Floor Toronto ON M7A 1T7 Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@jus.gov.on.ca Website www.hrto.ca
INTRODUCTION
1The Tribunal issued an Interim Decision in this matter, dated October 21, 2004, being, McEwan v. Commercial Bakeries Corporation and Rea, 2004 HRTO 13. In that Interim Decision, the Tribunal determined that the Complainant’s medical records more than met the test of arguable relevance to these proceedings. Thus, it directed him to contact all of his treating physicians and psychological counsellors and provide them with a signed release, in order to allow the Tribunal to inspect his medical documents. The Tribunal held that once it had had the opportunity to inspect those documents, it would determine if they are of actual relevance to these proceedings, and that it would make a further Order if required with respect to their production.
2The Tribunal received the production from Dr. K. B. Walsh on November 19, 2004, and the production from Dr. David J. Hill on January 12, 2005.
INSPECTION BY THE TRIBUNAL
3The Tribunal has reviewed both sets of documents, in order to determine if they met the test of arguable relevance to the proceedings herein, and to ensure that the Complainant’s privacy is not invaded unduly.
4The Tribunal has determined that the documents are relevant to this matter, that the Complainant’s privacy will not be unduly breached, and that the documents ought to be produced to all parties in their entirety.
ORDER
5The Tribunal orders that its Registrar make copies of Dr. Walsh and Dr. Hill’s records in their entirety, and that she provide these copies to all parties by regular mail, forthwith.
Dated at Toronto, this 18th day of January, 2005.
Mary Ross Hendriks
Mary Ross Hendriks
(Acting) Chair