Susan Fortney v. Harper Burnham & Associates Ltd., 2010 HRTO 1749

Human Rights Tribunal of Ontario

Between:

Susan Fortney Applicant

-and-

Harper Burnham & Associates Ltd. Respondent

Interim Decision

Adjudicator: David Muir Date: August 24, 2010 Citation: 2010 HRTO 1749 Indexed as: Fortney v. Harper Burnham & Associates

1This is an Application filed on June 30, 2009 under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code").

2This Interim Decision deals with a Request for Order During Proceeding ("Request") filed by the respondent seeking the production of documents as follows:

a. All documents related to the applicant's employment insurance claim in 2006/2007 including but not limited to her original claim, copies of cheque stubs, T4E slips showing income received as employment insurance benefits in 2006 and 2007, letters and documents related to submission of ROE dated August 2006;

b. Medical records of in-vitro fertilization treatments received by the applicant or a summary thereof, indicating nature of treatment and reasons for treatment including specified dates of treatment as well as the results of treatment.

3The respondent does not state why these documents are arguably relevant to any issue raised in this Application other than suggesting that the applicant has been dishonest in her past dealings with the respondent and the Tribunal.

4The applicant responded by providing several documents which appear to relate to the Request of the respondent.

5The hearing of this Application is scheduled to take place on October 1, 2010.

6I have reviewed the Request and the applicant's response to it. It is not at all clear why the detailed information respecting an employment insurance claim made by the applicant is arguably relevant to this proceeding. I note that the applicant has provided a T4E for the years 2006 and 2007. I am not satisfied that the production of further documents in this regard is required at this time.

7As regards the request for medical records the applicant has provided a letter from her treating physician summarizing her treatments and the dates on which they occurred. I am satisfied that the applicant has complied with the respondent's Request to the extent that it sought the production of arguably relevant documents. I am not satisfied that anything more of the Request is arguably relevant to any issue raised in the Application and accordingly no further Order is required.

8I am not seized.