Gupta v. Canadian Armed Forces

Gupta v. Canadian Armed Forces

The Tribunal required disclosure of personal and professional income records and documents relating to disability benefits because those documents are arguably relevant to mitigation and assessment of the monetary remedy and the respondent is entitled to know the case it must meet; the Tribunal refused to order creation or further disclosure of documents explaining Appendix C calculations because source documents in the complainant's possession were already provided and the Tribunal cannot compel creation of new documents.

Citation
2025 CHRT 26
Parties
Complainant: Ravi Gupta; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
3 April 2025
Procedural Posture
Canadian Human Rights Complaint Under the Canadian Human Rights Act / Pre Hearing Disclosure Motion / Case Management
Outcome
Motion granted in part; disclosure ordered for income and disability benefits; request for further documents explaining Appendix C calculations denied.
Legal Topics
Disclosure, Mitigation of Damages, Remedies, Disability Benefits, Evidence
Source Language
English
Human Rights Law Employment Law Administrative Law Disclosure Mitigation of Damages Remedies Disability Benefits Evidence

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Parties

Ravi Gupta

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Canadian Human Rights Complaint Under the Canadian Human Rights Act / Pre Hearing Disclosure Motion / Case Management

Legal Issues

  1. 1 Whether the complainant must disclose personal income and corporate income documents from February 2006 to present
  2. 2 Whether the complainant must disclose source documents explaining the calculations in Appendix C to the Statement of Particulars
  3. 3 Whether the complainant must disclose documents relating to disability benefits from Veterans Affairs Canada or otherwise

Ratio Decidendi

The Tribunal required disclosure of personal and professional income records and documents relating to disability benefits because those documents are arguably relevant to mitigation and assessment of the monetary remedy and the respondent is entitled to know the case it must meet; the Tribunal refused to order creation or further disclosure of documents explaining Appendix C calculations because source documents in the complainant's possession were already provided and the Tribunal cannot compel creation of new documents.

Court Disposition

Motion granted in part; disclosure ordered for income and disability benefits; request for further documents explaining Appendix C calculations denied.

Orders

  • Complainant must disclose all documents and records establishing personal income from February 2006 to present, including income tax returns, pay stubs, T4s and notices of assessment, within 30 days
  • Complainant must disclose all documents and records establishing income of any professional or medical corporation of which he is or was a director or shareholder from February 2006 to present within 30 days