Palm v. International Longshore and Warehouse Union, Local 500 et al.

Palm v. International Longshore and Warehouse Union, Local 500 et al.

The Tribunal concluded the nexus between the complainant's health claims and the issues in dispute justifies issuing subpoenas duces tecum to Drs. Mehraein, Fung and Schultz to produce all relevant medical documents; confidentiality protections must be imposed limiting disclosure and use; the Complainant must produce unredacted consultant invoices or explain redactions and provide outstanding medication documentation by February 1, 2013; failure to comply risks exclusion of evidence.

Citation
2013 CHRT 1
Parties
Complainant: Leslie Palm; Commission: Canadian Human Rights Commission; Respondents: International Longshore and Warehouse Union, Local 500, Richard Wilkinson and Cliff Willicome
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
2 January 2013
Procedural Posture
Canadian Human Rights Act Complaint / Disclosure and Pre Hearing Motions (subpoena Duces Tecum and Request for Further Particulars)
Outcome
Subpoenas duces tecum issued to Drs. Mehraein, Fung and Schultz; Complainant ordered to produce outstanding medical and financial disclosure and unredacted consultant invoices or justify redactions by February 1, 2013; confidentiality and use limitations imposed on disclosed medical records.
Legal Topics
Sex Discrimination, Harassment, Disclosure, Subpoena Duces Tecum, Confidentiality of Medical Records, Legal Costs
Source Language
English
Human Rights Law Administrative Law Evidence Sex Discrimination Harassment Disclosure Subpoena Duces Tecum Confidentiality of Medical Records +1 more

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Parties

Leslie Palm

Complainant

Canadian Human Rights Commission

Commission

International Longshore and Warehouse Union, Local 500, Richard Wilkinson and Cliff Willicome

Respondents

Procedural Posture

Canadian Human Rights Act Complaint / Disclosure and Pre Hearing Motions (subpoena Duces Tecum and Request for Further Particulars)

Legal Issues

  1. 1 Whether subpoenas duces tecum should be issued to compel production of medical records from treating physicians
  2. 2 Whether the Complainant complied with the Tribunal's prior disclosure order
  3. 3 Whether further particulars and unredacted invoices for consultant expenses must be produced or justified

Ratio Decidendi

The Tribunal concluded the nexus between the complainant's health claims and the issues in dispute justifies issuing subpoenas duces tecum to Drs. Mehraein, Fung and Schultz to produce all relevant medical documents; confidentiality protections must be imposed limiting disclosure and use; the Complainant must produce unredacted consultant invoices or explain redactions and provide outstanding medication documentation by February 1, 2013; failure to comply risks exclusion of evidence.

Court Disposition

Subpoenas duces tecum issued to Drs. Mehraein, Fung and Schultz; Complainant ordered to produce outstanding medical and financial disclosure and unredacted consultant invoices or justify redactions by February 1, 2013; confidentiality and use limitations imposed on disclosed medical records.

Orders

  • Issue subpoenas duces tecum to Drs. Mehraein, Fung and Schultz to appear and produce all medical documents relating to Ms. Leslie Palm including clinical notes, opinions, consultation reports, test results and related information
  • Medical documents to be disclosed to the Complainant and counsel for the Respondents only, not to be used outside the present inquiry, and to be returned to disclosing doctors at the conclusion of the inquiry