Yaffa v. Air Canada

Yaffa v. Air Canada

Because the Complainant put his mental health and work impacts in issue, medical records related to depression, anxiety, insomnia or diminished self‑esteem from January 2008 to present are arguably relevant and must be disclosed to counsel only with confidentiality protections; the Complainant's complete human resources file for January 2007 to December 2013 (including sick leave and vacation dates since March 2010) is arguably relevant and must be disclosed; income tax returns are not arguably relevant to a claim limited to pain and suffering and are denied; the Commission's CATSA file for the same travel dates is arguably relevant and must be produced (CATSA consent obtained); the...

Citation
2014 CHRT 22
Parties
Complainant: Mohamed Yaffa; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
8 August 2014
Procedural Posture
Human Rights Complaint (canadian Human Rights Act) / Interim Ruling on Disclosure Motions
Outcome
Interim ruling granting in part and denying in part the disclosure motions; specific directed disclosures ordered and confidentiality protections imposed
Legal Topics
Disclosure of Documents, Medical Records Confidentiality, Systemic Discrimination, Security Screening/no Fly Lists, Training and Cultural Sensitivity
Source Language
English
Human Rights Administrative Law Aviation Law Privacy Law Procedural Law (disclosure) Disclosure of Documents Medical Records Confidentiality Systemic Discrimination +2 more

Case Brief

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Parties

Mohamed Yaffa

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Act) / Interim Ruling on Disclosure Motions

Legal Issues

  1. 1 Whether the Complainant must disclose medical records relating to alleged pain and suffering and mental health
  2. 2 Whether the Complainant must disclose his complete human resources file and related attendance/vacation records
  3. 3 Whether income tax returns are relevant to the claim for pain and suffering

Ratio Decidendi

Because the Complainant put his mental health and work impacts in issue, medical records related to depression, anxiety, insomnia or diminished self‑esteem from January 2008 to present are arguably relevant and must be disclosed to counsel only with confidentiality protections; the Complainant's complete human resources file for January 2007 to December 2013 (including sick leave and vacation dates since March 2010) is arguably relevant and must be disclosed; income tax returns are not arguably relevant to a claim limited to pain and suffering and are denied; the Commission's CATSA file for the same travel dates is arguably relevant and must be produced (CATSA consent obtained); the...

Court Disposition

Interim ruling granting in part and denying in part the disclosure motions; specific directed disclosures ordered and confidentiality protections imposed

Orders

  • The Complainant shall produce a list of health care professionals (names and addresses) he has attended for symptoms or treatment for depression, anxiety, insomnia and/or diminished self‑esteem since January 2008.
  • The Complainant shall obtain and produce, or authorize the Respondent to obtain and produce, medical documents from those listed health care professionals relating to treatment for depression, anxiety, insomnia and/or diminished self‑esteem since January 2008.