HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Cyril Pazhaidam
Applicant
-and-
North York General Hospital and Service Employees International Union, Local 1
Respondents
INTERIM DECISION
Adjudicator: Ian R. Mackenzie
Indexed as: Pazhaidam v. North York General Hospital
APPEARANCES
Cyril Pazhaidam, Applicant
Ron Franklin, Counsel
North York General Hospital, Respondent
Hal Rolph, Counsel
Service Employees International Union, Local 1, Respondent
Jesse Kugler, Counsel
1The hearing of this Application was scheduled for a continuation on April 2 to 4, 2013. After the completion of the evidence for the applicant and during the cross-examination of a witness for the respondent North York General Hospital (NYGH), an issue relating to the disclosure of health records arose. After hearing submissions of the parties, I ordered that the documents be disclosed to all parties. This Interim Decision sets out the order made during the hearing.
2The applicant has filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in employment on the basis of disability. His disability arose out of a workplace injury. The Occupational Health and Safety (“OHS”) department of the NYGH is involved in the accommodation process for those employees with injuries as well as liaising with the Workers’ Safety Insurance Board (“WSIB”) on a range of issues, including return to work.
3The file created by the OHS department is confidential and is not accessible by the NYGH unless the employee consents to its release or a tribunal or court orders it to be disclosed: subsection 63(2) of the Occupational Health and Safety Act, R.S.O. 1990, c. O-1 (“OHSA”). The file contains medical information about the applicant, including doctor’s notes, as well as notes taken by occupational health nurses and others working in the OHS department of the NYGH.
4The applicant had consented to the release of his medical records contained in his WSIB file as part of the disclosure process prior to the hearing of this Application. During the cross-examination of Arlene Gladstone, the Manager of the OHS department of the NYGH, reference was made to clinical notes contained in the applicant’s OHS department file.
5The applicant’s counsel requested disclosure of these notes and of the full file at the hearing. The NYGH noted that either the consent of the applicant or an order of the Tribunal would be required before the file could be disclosed. The respondent Service Employees International Union, Local 1 agreed with the submission of the NYGH.
6I ordered that the OHS file be disclosed to all of the parties. Ms. Gladstone had the file with her and during a short adjournment, the parties reviewed the file. Clinical notes for the relevant period of the Application were admitted as evidence, as well as some other documents not contained in the applicant’s WSIB file.
7The parties made no submissions on any restrictions on the use of the medical information disclosed. The medical information contained in the OHS file should only be shared with representatives and witnesses who need to know this information and shall only be used for the purposes of this Application.
8Continuation dates for the hearing are being scheduled.
order
9The Tribunal orders:
a. The applicant’s Occupational Health and Safety file is ordered disclosed;
b. The medical information contained in that file is to only be shared with representatives and witnesses who need to know this information, and
c. The medical information shall only be used for the purposes of this Application.
Dated at Toronto, this 9th day of April, 2013.
”signed by”
Ian R. Mackenzie
Member