Egan v. Canada Revenue Agency

Egan v. Canada Revenue Agency

The Tribunal refused to set aside the subpoena because CRA established the nexus and arguable relevance of the medical records and fairness requires disclosure; however, because of uncontested medical evidence of serious risk to the complainant, the Tribunal ordered sealed production and preservation of the records...

Source-derived case information.

Citation
2019 CHRT 8
Parties
Complainant: Pamela Egan; Commission: Canadian Human Rights Commission; Respondent: Canada Revenue Agency; Interested Party: Dr. B
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
21 February 2019
Procedural Posture
Human Rights Disability Accommodation / Ruling on Motion to Set Aside Subpoena and for Confidentiality
Outcome
Subpoena not set aside; Dr. B granted limited Interested Party status; interim confidentiality direction ordered; sealed production of medical records to Tribunal ordered; proceedings adjourned pending safe unsealing or consent
Legal Topics
Disability Accommodation, Medical Records Disclosure, Subpoena, Therapeutic Privilege, Case by Case Privilege (wigmore Test), Confidentiality Order
Source Language
english
Administrative Law Human Rights Law Health Law Privacy Law Evidence Law Disability Accommodation Medical Records Disclosure Subpoena +3 more

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Parties

Pamela Egan

Complainant

Canadian Human Rights Commission

Commission

Canada Revenue Agency

Respondent

Dr. B

Interested Party

Procedural Posture

Human Rights Disability Accommodation / Ruling on Motion to Set Aside Subpoena and for Confidentiality

Legal Issues

  1. 1 Whether Dr. B should be granted Interested Party status for the motion
  2. 2 Whether a confidentiality order should be issued for the disposition of the motion
  3. 3 Whether the subpoena for medical records should be set aside

Ratio Decidendi

The Tribunal refused to set aside the subpoena because CRA established the nexus and arguable relevance of the medical records and fairness requires disclosure; however, because of uncontested medical evidence of serious risk to the complainant, the Tribunal ordered sealed production and preservation of the records to the Tribunal within 60 days with strict sealing and retention procedures and adjourned proceedings until Dr. B advises it is safe to unseal, thereby balancing the respondent’s right to disclosure with protection of the complainant’s health.

Court Disposition

Subpoena not set aside; Dr. B granted limited Interested Party status; interim confidentiality direction ordered; sealed production of medical records to Tribunal ordered; proceedings adjourned pending safe unsealing or consent

Orders

  • Dr. B granted Interested Party status for the limited purpose of this motion
  • Dr. B to provide further particulars regarding requested confidentiality order; parties may respond and Dr. B may reply