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Tribunal denies pre-hearing disclosure of complete medical files and declines to compel physicians' oral testimony.
In a human rights complaint alleging discrimination on the basis of sex regarding the denial of sick leave benefits during a pregnancy-related leave, the respondents brought preliminary motions.
The adjudicator ruled that the Commission was not required to call the physicians who authored medical certificates as witnesses, as the Statutory Powers Procedure Act permits the admission of hearsay documents.
However, if the respondents chose to call the employer-nominated physician, they would be permitted to cross-examine her, and she would be required to produce her clinical notes from the single consultation.
The respondents' motion for complete pre-hearing disclosure of the complainant's medical files was denied as untimely, overbroad, and lacking sufficient evidentiary basis.
Interim rulings issued on document admissibility, witness attendance, and medical file disclosure in human rights complaint.
In this interim decision on preliminary matters, the Adjudicator ruled on several motions regarding document disclosure, witness attendance, and the admissibility of medical certificates.
The Respondents' motions to compel the attendance of two physicians and to require disclosure of the Complainant's complete medical files were denied.
Five documents, including medical certificates and internal correspondence, were ruled admissible.
The Adjudicator also addressed procedural matters concerning notice of the Respondents' case and potential Charter arguments.
