Diane Harnden v. Ottawa Hospital, 2009 HRTO 1156

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Diane Harnden

Applicant

-and-

Ottawa Hospital

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: July 28, 2009

Citation: 2009 HRTO 1156

Indexed as: Harnden v. Ottawa Hospital

1This is an Application filed November 13, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Case Resolution Conference (“hearing”) is scheduled to proceed on September 14 and 15, 2009.

2The respondent has made a request for production of medical information and a request to remove the personal respondent Marian Neeson. The applicant did not file an objection or any response to the requests.

Amending the Style of Cause

3When the applicant filed her section 53(3) Application, she did not name Marian Neeson as a personal respondent. Accordingly, she should not have been identified by the Tribunal as a party to these proceedings, and she is hereby removed from the style of cause.

Request for Production

4The respondent requested the release of the applicant’s Occupational Health, Safety and Emergency Preparedness file (“OHSEP file”). The OHSEP Department coordinates the search for accommodations of the respondent’s employees. It is that department which receives the employees’ medical information. Such information is kept strictly confidential from the respondent’s management staff and its employee relations department. I accept that the applicant’s OHSEP file contains arguably relevant documents to an issue in dispute, the appropriateness of the accommodations offered by the respondent.

5The applicant is directed to sign and return the release provided by the respondent in its request of June 16, 2009, within seven days of the date of this decision.