Arends v. JF & L Restaurants Ltd. o/a Pickle Barrel Deli, 2015 HRTO 972

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Arends

Applicant

-and-

JF & L Restaurants Ltd. o/a Pickle Barrel Deli (the Pickel Barrel Leslie Location), and JF & L Restaurants Ltd. o/a P.B. Deli (Head Office)

Respondents

INTERIM DECISION

Adjudicator: Alison Renton Date: July 22, 2015 Citation: 2015 HRTO 972 Indexed as: Arends v. JF & L Restaurants Ltd. o/a Pickle Barrel Deli

APPEARANCES

Jennifer Arends, Applicant

Melissa Mark, Counsel

JF & L Restaurants Ltd. o/a Pickle Barrel Deli (the Pickel Barrel Leslie Location), and JF & L Restaurant Ltd. o/a P.B. Deli (Head Office), Respondents

Matthew Demeo, Counsel

1This Application alleges discrimination with respect to employment because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have filed a joint Response denying the allegations.

2The hearing is scheduled for July 29 and 30, 2015 pursuant to a Notice of Hearing issued February 23, 2015 by the Tribunal.

3At the time of filing her Application, the applicant was self-represented. She is now represented by Ms. Mark, from the Human Rights Legal Support Centre.

4The respondents have requested that the applicant produce the clinical notes for her attending psychologist, Dr. Monique Costa El-Hage for the year 2014. The applicant does not object to the production request, but her counsel advises that the applicant has had difficulties in trying to have Dr. Costa El-Hage and/or her office produce the applicant’s medical records. The applicant advises that Dr. Costa El-Hage is currently off on pregnancy leave and is currently out of the country. She is not expected back in Ontario until August and does not return to her practice until September 2015.

5An application filed commences a legal proceeding under legislation, the Code. The Code provides that the Tribunal may develop its own Rules of Procedure, which the Tribunal has done (“the Rules”). The Rules are found on the Tribunal’s website at www.sjto.gov.on.ca/hrto/.

6Rule 1.7(p) of the Tribunal’s Rules permits the Tribunal to order a third party to produce documentation. It states:

1.7 In order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may:

p) require a party or other person to produce any document, information or thing and to provide such assistance as is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce the information in any form.

7Based upon the submissions by the parties, the Tribunal orders the following:

1. Dr. Monique Costa El-Hage and/or the Centre for Psychological Assessment, Treatment And Education, located at 951 Wilson Avenue, Suite 9, Toronto ON M3K 2A7, telephone 416.516.7757, is ordered to immediately produce to the applicant and/or her counsel Melissa Mark of the Human Rights Legal Support Centre, Dr. Costa El-Hage’s clinical notes for 2014; and

2. Once those clinical notes have been produced to the applicant and/or Ms. Mark, on consent of the parties, the applicant is directed to send Dr. Costa El-Hage’s 2014 clinical notes, except for the identity of the individual who hit her in her motor vehicle accident, which shall be redacted, to the respondents’ counsel, who shall only share the contents of these notes with the respondents’ instructing client and potential medical witness(es).

8The hearing dates will proceed as scheduled. As the parties have indicated a willingness to participate in mediation-adjudication, at least part of the first day will proceed as mediation-adjudication. The parties will be required to sign the Tribunal’s mediation-adjudication agreement.

9In the event that Dr. Costa El-Hage’s notes are not produced by her or her office by the time the hearing commences, the Tribunal will hear further submissions from the parties about the medical notes not being produced.

10In the event that the mediation-adjudication does not result in a settlement, and the medical notes have been produced prior to the hearing date, the Tribunal will hear further submissions from the parties about how the hearing will proceed.