The respondent in a human rights application regarding employment discrimination based on disability (Type 2 Diabetes) brought a Request for Order During Proceeding seeking production of the applicant's medical records and MTO files.
The applicant opposed, arguing his medical condition was not relevant as the respondent had not confirmed his status in the hiring process.
The Tribunal granted the request, finding the medical documents arguably relevant to assessing whether the respondent breached its obligations under the Human Rights Code.