HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Qin Chen
Applicant
-and-
Midland Food Products Inc.
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: December 7, 2012 Citation: 2012 HRTO 2309 Indexed as: Chen v. Midland Food Products Inc.
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. The respondent has filed a Response denying the allegations in the Application.
2On November 9, 2012, the parties agreed that I would review the applicant’s family doctor’s notes dated April 9, 2009 (the “April 9 notes”) to determine whether they are relevant and ought to be produced to the respondent.
3I have reviewed the April 9 notes and I am satisfied that the first portion of the notes relate to the family doctor’s medical assessment of the applicant’s spouse which was erroneously entered on the applicant’s chart. I find therefore that the portion of the April 9 notes that relate to the applicant’s spouse are irrelevant and do not need to be disclosed to the respondent. The remainder of the April 9, 2009 portion of the notes that relate to the applicant shall be immediately disclosed to the respondent.
Order
4The Tribunal orders that:
a. The applicant, if he has not already done so, shall disclose to the respondent the April 9, 2009 notes and shall redact any confidential medical information that relates to the applicant’s spouse within three days of the date of this Interim Decision.
Dated at Toronto, this 7th day of December, 2012.
“signed by”
Geneviève Debané
Vice-chair