McIlwraith v. Lakeshore Gold Corp, 2014 HRTO 361

Human Rights Tribunal of Ontario

Between:

Iain McIlwraith Applicant

-and-

Lakeshore Gold Corp Respondent

Interim Decision

Adjudicator: David Muir Date: March 14, 2014 Citation: 2014 HRTO 361 Indexed As: McIlwraith v. Lakeshore Gold Corp

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 hearing of this Application is scheduled for April 9, 10 and 11, 2014.

2The respondent filed a Request for Order During Proceeding (“Request”) on February 11, 2014, seeking the production of medical documents. Subsequently, although not responding to the Request directly, the applicant filed a number of medical documents. In a Case Assessment Direction issued on March 10, 2014, the Tribunal advised the parties that unless the Tribunal heard otherwise it would be assumed that the applicant had in effect responded to the Request.

3On March 13, 2014, the respondent wrote to the Tribunal indicating that it has not received any additional documents and it believed that the applicant had access to additional arguably relevant documents to which the respondent is entitled, and renewed its Request.

4In its Request the respondent sought an Order requiring the production of:

1. any and all medical records relating to the Applicant from any medical practitioner seen by the Applicant from February 2011 to the present time; and
2. any and all medical records relating to the Applicant suffering from depression, anxiety, stress (or any similar type disorder) that have ever been created.

5As indicated, the applicant has never responded to this Request, which on its face is by and large reasonable if somewhat over broad. I would limit the second part of the request to a period three years prior to the applicant beginning his employment with the respondent.

6The Tribunal directs as follows. The applicant will produce to the respondent within seven days of the date of this Direction the following materials:

1. any and all medical records relating to the Applicant from any medical practitioner seen by the applicant from February 2011 to the present time; and
2. any and all medical records relating to the applicant suffering from depression, anxiety, stress (or any similar type disorder) that were produced for the period beginning three years prior to the applicant commencing employment with the respondent and the present.

7I am not seized of this case.