The applicant filed a human rights complaint against two doctors who conducted an independent medical examination (IME) for her workplace grievance, alleging discrimination and failure to accommodate her physical disability during the assessment.
The Tribunal found that while the IME process engaged the Code's protections for services and facilities, the doctors' evaluative functions and resulting report were protected by expert witness immunity.
The only actionable claim was the alleged failure to accommodate the applicant's physical disability with appropriate seating during psychological testing.
The Tribunal dismissed this claim, finding insufficient evidence that the applicant notified the doctor of her needs or that he failed to address them.
