Ian MacLeod by his Substitute Decision-Maker Shaune MacLeod v. The Corporation of the County of Lambton, 2012 HRTO 2241

Human Rights Tribunal of Ontario

B E T W E E N:

Ian MacLeod by his Substitute Decision-Maker Shaune MacLeod

Applicant

-and-

The Corporation of the County of Lambton

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: November 29, 2012 Citation: 2012 HRTO 2241 Indexed as: MacLeod v. Lambton (County)

1The purpose this Interim Decision is to order the London Health Sciences Centre and Manulife Financial to produce the applicant’s medical records.

2Dr. Richard Owen appeared to testify before the Tribunal on November 27, 2012, but the hearing had to be adjourned because he informed the Tribunal that he had been unable to access the applicant’s medical records. I understand from the parties that this unfortunate situation arose because the applicant’s legal counsel had made a freedom of information request to the London Health Sciences Centre, which had not been processed by November 27, 2012. The respondent’s legal counsel also expressed concern that the respondent’s third party disability insurer, Manulife Financial, may possess relevant medical records that are no longer held by the London Health Sciences Centre. The respondent does not have access to any medical documents held by Manulife Financial.

3Dr. Owen is now scheduled to testify on December 12, 2012. It is imperative that the applicant’s medical records are produced well before that date. Rule 1.7(p) of the Tribunal’s Rules of Procedure provides that in order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may require a person to produce any document. I am therefore issuing the following orders:

1. By no later than December 4, 2012, the London Health Sciences Centre shall produce a copy of all the applicant’s medical records from September 1, 2008 to the present to his legal counsel (Stuart Mackay and Sean Flaherty of McKenzie Lake Lawyers LLP).

2. By no later than December 4, 2012, Manulife Financial shall produce a copy of all the applicant’s medical records to his legal counsel (Stuart Mackay and Sean Flaherty of McKenzie Lake Lawyers LLP).

4The Tribunal’s Registrar will deliver this Interim Decision to the parties, the London Health Sciences Centre, and Manulife Financial. The applicant’s legal counsel has undertaken to contact the London Health Sciences Centre and Manulife Financial to make arrangement for delivery of the documents, and to then deliver the documents to the respondent and file them with the Tribunal.