Mortimer v. Air Canada

Mortimer v. Air Canada

Because the Complainant placed the specifics of her disability and the effects of the Respondent's FFT requirement at issue, the Respondent is entitled to certain insurer (GIDIP) records that are reasonably connected to the matters in dispute; however the request for all medical records was overly broad and the Tribunal limited production to GIDIP documents the Complainant must file every 3-6 months from February 2012 to November 2018 and to documents about Campbell River and Vancouver medical appointments and the sale of Vancouver property, with use and circulation restrictions to protect privacy.

Citation
2018 CHRT 30
Parties
Complainant: Billie Mortimer; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 November 2018
Procedural Posture
Human Rights Disclosure Motion / Interim Ruling on Motion for Disclosure (pre Hearing)
Outcome
Motion allowed in part; limited disclosure ordered
Legal Topics
Disability Discrimination, Disclosure/production of Documents, Medical Confidentiality/privilege, Fitness for Travel, Reasonable Accommodation, Bona Fide Occupational Requirement, Remedies and Mitigation
Source Language
English
Human Rights Employment Law Administrative Law Privacy Law Disability Discrimination Disclosure/production of Documents Medical Confidentiality/privilege Fitness for Travel +3 more

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Parties

Billie Mortimer

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Disclosure Motion / Interim Ruling on Motion for Disclosure (pre Hearing)

Legal Issues

  1. 1 Are requested documents arguably relevant to the complaints and defences?
  2. 2 Scope of disclosure of medical records and insurer (GIDIP) file
  3. 3 Whether common law doctor-patient privilege (Wigmore) bars disclosure of GIDIP documents

Ratio Decidendi

Because the Complainant placed the specifics of her disability and the effects of the Respondent's FFT requirement at issue, the Respondent is entitled to certain insurer (GIDIP) records that are reasonably connected to the matters in dispute; however the request for all medical records was overly broad and the Tribunal limited production to GIDIP documents the Complainant must file every 3-6 months from February 2012 to November 2018 and to documents about Campbell River and Vancouver medical appointments and the sale of Vancouver property, with use and circulation restrictions to protect privacy.

Court Disposition

Motion allowed in part; limited disclosure ordered

Orders

  • Complainant must produce those medical documents from her GIDIP file that she is required to file with the insurer every three to six months (or such other period as mandated by the GIDIP organizations) in order to maintain her eligibility for LTD benefits, for the period February 2012 to November 2018; these...
  • Complainant must produce all documents relating to her efforts to obtain medical care in Campbell River, documents relating to medical appointments in Vancouver, and documents relating to the sale of her Vancouver property for all times relevant to the complaint; if no further documents exist the Complainant must...