Ontario Nurses’ Association v. L’Hopital Montfort and Central Park Lodge Canada
2755-00-R Ontario Nurses’ Association, Applicant v. L’Hopital Montfort and Central Park Lodge Canada, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; April 26, 2001
1In its correspondence dated April 19, 2001, the applicant asked for an order from the Board directing the respondents in this matter to disclose the material set out in an attached document.
2By letter dated April 23, 2001, the respondent, l’Hopital Montfort, advised the Board that it had now sent the relevant documentation to counsel for the applicant. The respondent Central Park Lodges Ltd. (“CPL”) also advised the Board by letter dated April 24, 2001, that it undertakes to provide the documentation referred to therein to the applicant, “on or before April 30, with the understanding that the information and documentation is not to be used by the applicant or the respondent Montfort for any other purpose than the instant matter nor shall it be used in any other forum”. The respondent CPL further states that it understands that the provision of the material listed therein complies with the applicant’s request, with the exception of the information requested by the applicant at paragraph 23, which reads as follows:
- Three representative paient/client [sic] files from each of the Respondents concerning the care and services delivered to sample patients/clients on the 4th Floor faciloity [sic] of Montfort. Patients/clients should be similarly situated with respect to their condition and prognosis. If Montfort has files concerning any patients/clients of Central Park Lodge/Central Care Corporation these should be produced. Any identifying information such as patient/client names and addresses could be removed to ensure confidentiality.
3Although the respondent CPL does not dispute the relevance of this information, it notes that the regulations under the Nursing Home Act prohibit the release of such information. The respondent CPL states that it undertakes to provide the information described in paragraph 23 of the applicant’s request if so ordered by the Board.
4In the circumstances, the Board directs the respondent CPL to produce forthwith to the applicant the documentation referred to at paragraph 4 above and contained at paragraph 23 of the applicant’s request. Any identifying information such as patient/client names and addresses should be deleted beforehand to ensure confidentiality. In making this order, the Board also notes that there is an implied undertaking by a party to whom documents are produced as a result of a Board order that they not be used for a collateral or ulterior purpose.
5With respect to the other items requested, the Board assumes that the other documentation provided to the applicant by the respondents on or before April 30, 2001 in accordance with their undertaking in this matter satisfies the applicant’s request, unless the applicant advises the Board otherwise. Accordingly, the Board makes no additional orders at this time.
“Caroline Rowan”
for the Board