Gauthier v. Dr. Brian Smith Dentistry Professional Corporation, 2014 HRTO 1517

Human Rights Tribunal of Ontario

B E T W E E N:

Katherine Gauthier

Applicant

-and-

Dr. Brian Smith Dentistry Professional Corporation and Brian Smith

Respondents

interim decision

Adjudicator: Keith Brennenstuhl

Date: October 9, 2014

Citation: 2014 HRTO 1517

Indexed as: Gauthier v. Dr. Brian Smith Dentistry Professional Corporation

1This Application alleges discrimination with respect to employment because of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19 as amended.

2The respondents have filed a Request for Order During Proceedings requesting production of certain documents. The applicant has not filed a Response to the Request.

3The documents the respondents seek are: income tax returns and notices of assessment for 3 years prior to the commencement of the applicant’s employment with the respondents; documentary proof of loss of dental benefits; copy of the applicant’s separation agreement or Court Order respecting spousal support and documentation supporting loss of same associated with the alleged actions of the respondents; documents evidencing the applicant’s personal liabilities; and, counselling and medical records respecting emotional stress.

4The test for disclosure is arguable relevance which is not a particularly high threshold. Given the nature of the remedies being sought by the applicant and given that the applicant has not objected to the production of the stated documents, I am inclined to order production of said documents.

ORDER

5The applicant is directed to provide the respondents the documents identified in paragraph 3 of this Interim Decision within seven days of the date of this Interim Decision.