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Respondent granted early production of internal occupational health file to prepare Response, but external file denied.
The respondent in a human rights application alleging discrimination based on disability filed a Request for an Order during Proceeding seeking production of the applicant's occupational health file and long-term disability benefits file before filing its Response.
The Tribunal granted the request for the internal occupational health file, finding exceptional circumstances because privacy legislation prevented the respondent from accessing its own arguably relevant medical documents.
The request for the external benefits file from Desjardins was dismissed as it was not necessary for filing a meaningful Response.
