Karen Franceschina v. Essar Steel Algoma Inc., 2013 HRTO 1782

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Franceschina

Applicant

-and-

Essar Steel Algoma Inc.

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: October 23, 2013

Citation: 2013 HRTO 1782

Indexed as: Franceschina v. Essar Steel Algoma Inc.

APPEARANCES

Karen Franceschina, Applicant

Self-represented

Essar Steel Algoma Inc., Respondent

William LeMay, Counsel

1The hearing in this Application is scheduled for November 4, 5, and 6, 2013, in Sault Ste. Marie.

2A Case Management conference call (“the call”) was held on October 22, 2013 with the parties during which several issues were discussed. One issue discussed arose from a Request for Order During Proceedings (“RFOP”) filed recently by the respondent seeking production of the applicant’s corporate medical file and her file from the Workplace Safety and Insurance Board (“WSIB”). Despite the corporate medical file existing on its premises, the respondents are prohibited, by legislation, from directly accessing it without an order of the Tribunal or the consent of the applicant. Such similar restrictions apply to the WSIB file.

3During the call, the applicant consented to the disclosure of her corporate medical file for the period 2009 to the date of her Application, April 17, 2012, to the respondent’s counsel, William LeMay, and its instructing client, Theresa Scott, and consented to Mr. LeMay disclosing documentation from the file for that time period to any witness who may testify about it.

4With respect to the WSIB file, the parties agreed that its production could be addressed during the hearing, if the need for its production arose.

order

5Accordingly, the Tribunal orders the following:

1. The respondent is granted disclosure and access to the applicant’s corporate medical file for the period from 2009 until April 17, 2012;

2. A copy of the applicant’s corporate medical file for the period from 2009 until April 17, 2012 shall be disclosed to the applicant;

3. The respondent’s counsel and its instructing client, Ms. Scott, are the only individuals for the respondent permitted to access and use the applicant’s corporate medical file as identified in (1) above; and,

4. The respondent’s counsel can disclose relevant documents from the corporate medical file to witnesses who will be testifying about such documentation; and,

5. Any party who wishes to rely upon such documentation at the Tribunal shall identify it to the other party and file a copy with the Tribunal.