White v. Canadian Nuclear Laboratories Ltd.

White v. Canadian Nuclear Laboratories Ltd.

The Tribunal dismissed the respondent's motion to compel a retrospective psychiatric examination because CNL had extensive medical disclosure (over 1300 pages), could fairly prepare and challenge the complainant's case without an invasive IME, and the intrusive nature of forcing an unwilling complainant to undergo such an examination outweighed any marginal probative value; the Tribunal also refused bifurcation because the prima facie issue could not be cleanly separated from other contested facts and evidence and bifurcation would not be efficient; the Tribunal granted a temporary confidentiality order sealing the medical documents filed with the motion as public access was not necessary...

Citation
2020 CHRT 37
Parties
Complainant: Stacy White; Commission: Canadian Human Rights Commission; Respondent: Canadian Nuclear Laboratories Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 December 2020
Procedural Posture
Human Rights (disability) CHRT Motion on Pre Hearing Issues / Case Management; Motion to Compel Retrospective Psychiatric Exam and to Bifurcate Hearing; Ruling Issued
Outcome
Respondent's motion dismissed in its entirety; confidentiality order granted temporarily for medical materials; hearing will proceed without bifurcation.
Legal Topics
Disability Accommodation, Independent Medical Examination (ime), Procedural Fairness, Confidentiality of Medical Records, Bifurcation of Hearings
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Accommodation Independent Medical Examination (ime) Procedural Fairness Confidentiality of Medical Records Bifurcation of Hearings

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Parties

Stacy White

Complainant

Canadian Human Rights Commission

Commission

Canadian Nuclear Laboratories Ltd.

Respondent

Procedural Posture

Human Rights (disability) CHRT Motion on Pre Hearing Issues / Case Management; Motion to Compel Retrospective Psychiatric Exam and to Bifurcate Hearing; Ruling Issued

Legal Issues

  1. 1 Whether the Tribunal may order an unwilling complainant to undergo a retrospective psychiatric examination and whether it should exercise that discretion
  2. 2 Whether the Tribunal may bifurcate the hearing to determine prima facie discrimination as a preliminary issue and whether that should be ordered
  3. 3 Whether medical records filed with the motion should be sealed from public access

Ratio Decidendi

The Tribunal dismissed the respondent's motion to compel a retrospective psychiatric examination because CNL had extensive medical disclosure (over 1300 pages), could fairly prepare and challenge the complainant's case without an invasive IME, and the intrusive nature of forcing an unwilling complainant to undergo such an examination outweighed any marginal probative value; the Tribunal also refused bifurcation because the prima facie issue could not be cleanly separated from other contested facts and evidence and bifurcation would not be efficient; the Tribunal granted a temporary confidentiality order sealing the medical documents filed with the motion as public access was not necessary...

Court Disposition

Respondent's motion dismissed in its entirety; confidentiality order granted temporarily for medical materials; hearing will proceed without bifurcation.

Orders

  • Respondent's motion to compel a 4-6 hour retrospective psychiatric examination and to bifurcate the hearing is dismissed
  • The complainant's request to seal this motion and related motion materials, including all medical documents filed with the motion, is granted for the time being