HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Christiane Daoust
Applicant
-and-
Kirkland and District Hospital
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Daoust v. Kirkland and District Hospital
WRITTEN SUBMISSIONS
Christiane Daoust, Applicant
Self-represented
Kirkland and District Hospital, Respondent
Stephanie Jeronimo, Counsel
1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This matter is scheduled for a hearing on the merits on September 16, 2014, in Timmins.
2This Interim Decision addresses a number of procedural issues.
Request for Order
3On July 9, 2014, the respondent filed a Request for an Order During Proceedings seeking the disclosure of the applicant’s file which is in the possession of Oncidium Health Group, the respondent’s third party benefits adjudicator.
4The applicant has signed a written consent to the disclosure of these documents. Oncidium Health Group has not responded to the RFOP and the time for doing so has now passed. In light of the consent of the parties, and that the documents sought are arguably relevant to the issues raised in the pleadings, I find that it is appropriate to grant the respondent’s RFOP.
Requests for Extensions of time
5In the RFOP the respondent seeks an extension of time to file its witness list, witness statements and the documents that it intends to rely on at the hearing (the “hearing materials”). Though the respondent initially sought an extension to August 19, it now seeks an extension to September 5, 2014 to file its hearing materials. I have considered the respondent’s request and I find that it is not appropriate to grant the full extension of time sought by the respondent. This matter has been scheduled for hearing since March 2014, and the respondent could have brought the RFOP in a more expeditious manner. Both parties will be required to file their hearing materials by August 18, 2014, and will be permitted to file supplementary materials by September 5, 2014.
Order
6The Tribunal orders that:
a. By no later than August 15, 2014, Oncidium Health Group must produce to counsel for the respondent a complete copy of its file for Christiane Daoust, which includes any and all documents, including medical records, reports, notes and communications, from the time period of August 1, 2012, until the date of this Interim Decision;
b. Within three days of the receipt of the documents identified at paragraph 6(a), respondent’s counsel must send a copy of these documents to the applicant;
c. By no later than August 18, 2014, the parties must deliver to each other and file with the Tribunal their hearing documents; and
d. By no later than September 5, 2014, the parties may file supplementary hearing materials.
7I am not seized.
Dated at Toronto, this 6th day of August, 2014.
“Signed by”
Geneviève Debané
Vice-chair