Ocampo v. Revera Retirement, 2009 HRTO 358

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maria Ocampo

Applicant

-and-

Revera Retirement LP, Agnes Kupny and Becky Beccarea

Respondents

interim decision

Adjudicator: Keith Brennenstuhl

Date: March 27, 2009

Citation: 2009 HRTO 358

Indexed as: Ocampo v. Revera Retirement

1This is an Application filed September 15, 2008 under section 53(3) of the Human Rights Code, R.S.O, c. H. 19 as amended (the “Code”). This Interim Decision addresses a production request by the respondents. The Case Resolution Conference is scheduled for November 24 and 25, 2009 and the deadlines for voluntary disclosure have passed.

2The applicant is a nurse who was employed by the corporate respondent at a care facility that it operates. She alleges discrimination in employment owing to her race and disability.

3The respondents have requested an order for production of all medical documents that would support the applicant’s claim for monetary compensation for mental anguish and emotional pain and suffering as well as all medical documentation relating to her absence from work during the week ending April 21, 2008. With respect to the latter, the respondents assert that this information is required to enable the respondents to ascertain whether the applicant’s absence from work was related to the alleged harassment of the applicant by her supervisor or if it was in response to the alleged stress suffered by the applicant after witnessing a traumatic event in the workplace. The applicant did not file any objection to the respondents’ production request.

4Rule 9.3 of the Rules of Procedure for applications under Section 53(3) requires that the parties provide to each other all arguably relevant documents in their possession. It is a well established that “arguably relevant” is a relatively low threshold for a party to meet.

5I am satisfied that medical notes that address the applicant’s alleged mental anguish and emotional pain and suffering are arguably relevant to the issues in dispute in this Application. Those notes, for example, may speak to the nature and seriousness of the alleged injury and those factors, in my view, would be reflected in any compensation awarded by the Tribunal.

6As well, I am satisfied that the medical documentation relating to the applicant’s absence from work is arguably relevant to the issues in dispute in this Application. In my view, that documentation would be helpful in ascertaining whether the applicant’s absence from work had a nexus to a Code protected ground or was in response to an event unrelated to the Code.

7The request for production is granted; however production will be limited to any and all medical notes dated between April 4, 2008, the date of the alleged traumatic event, and June 3, 2008, the date of the Complaint.

8The applicant shall have 21 days from the date of this Interim Decision to compile and disclose the requested documentation.