HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dale De La Fosse
Applicant
-and-
U.S. Steel Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: De La Fosse v. U.S. Steel Canada Inc.
WRITTEN SUBMISSIONS
U.S. Steel Canada Inc., Respondent
Patty Murray, Counsel
1This is an Application filed under s. 34 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 applicant claims that the respondent failed to accommodate his return to work after his medical leave.
2In the Response the respondent's take the position that the applicant failed to provide medical information with respect to his fitness to return to work. Further, the respondent believes that the applicant may have been performing work elsewhere.
3This matter is scheduled for two days of hearing commencing on October 21 and 22, 2013. The applicant still has not confirmed that it has delivered all of its arguably relevant documents which were due on July 15, 2013.
4On July 15, 2013, the respondent filed a Request for an Order During Proceedings (the "RFOP") seeking the applicant's consent to obtain his Great West Life long-term disability file for the purposes of defending the Application.
5The applicant has not filed any submissions in response to the RFOP or the respondent's June 24, 2013 letter asking for the disclosure of his LTD file.
Decision
6The Tribunal has the power to order a party to produce any document that is arguably relevant to the proceeding. There must be some relevance and the party seeking production must demonstrate a nexus between the information or document sought and issues in dispute before the Tribunal: Lampi v. Princess House Products Canada Inc., 2008 HRTO 1, 2008 HRTO 1, at para. 8. Finding that documents are arguably relevant for production does not mean that such documentation will be admissible at a hearing: Lampi at para. 9.
7Having reviewed the pleadings it is clear that the documents held by the third-party insurer are arguably relevant to the proceedings and that the respondent is entitled to have access to this file to defend the Application. I am not prepared at this time, to direct the applicant to consent to the release of this information, especially in light of the respondent's suspicion that there may be some privileged information contained therein. However, the applicant will have to obtain a copy of the LTD file and deliver to the respondent any documents over which he does not claim privilege.
Order
8Within 14 days of the date of this Interim Decision, the Tribunal orders the applicant to:
a. Uptain and Deliver to the respondent a copy of all documents in his Great West Life long-term disability file over which he does not claim privilege;
b. If the applicant does claim privilege over any document in his Great West Life long-term disability file then he must provide an itemized list of these documents, specifying the nature of the document and the alleged privilege that attaches to the document; and
c. Confirm in writing that he has delivered to the respondent all arguably relevant documents in accordance with the Notice of Hearing.
9Alternatively, the applicant may, if he prefers, sign the required consent so that Great West can send the documents directly to the respondent.
10In the event that the applicant does not comply with the orders in this Interim Decision then the Application may be dismissed as abandoned.
Dated at Toronto, this 9th day of August, 2013.
"Signed By"
Geneviève Debané
Vice-chair