White v. Canadian Nuclear Laboratories

White v. Canadian Nuclear Laboratories

Because the complainant placed her health squarely at issue and the respondent demonstrated arguable relevance of the requested records to causation, pre-existing conditions and the respondent's duty to inquire, the Tribunal ordered full unredacted disclosure of the August 2019 medical records, all clinical records held by Ms. Pratt, and all medical records held by Dr. Durante dating back to 2006, subject to use limited to these proceedings and return to the complainant at the end of the proceedings; the anonymization request was denied because the complainant did not establish a real and substantial risk of undue hardship sufficient to outweigh the public interest in open hearings.

Citation
2020 CHRT 5
Parties
Complainant: Stacy White; Commission: Canadian Human Rights Commission; Respondent: Canadian Nuclear Laboratories Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 March 2020
Procedural Posture
Human Rights (disability) / Interim Disclosure Ruling (pre Hearing)
Outcome
Respondent's motion for disclosure allowed in part; full unredacted medical disclosure ordered; anonymization denied.
Legal Topics
Disability Accommodation, Disclosure of Medical Records, Anonymization/confidentiality, Arguable Relevance, Causation and Pre Existing Conditions
Source Language
English
Human Rights Law Employment Law Administrative Law Privacy Law Evidence and Disclosure Disability Accommodation Disclosure of Medical Records Anonymization/confidentiality +2 more

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Parties

Stacy White

Complainant

Canadian Human Rights Commission

Commission

Canadian Nuclear Laboratories Ltd.

Respondent

Procedural Posture

Human Rights (disability) / Interim Disclosure Ruling (pre Hearing)

Legal Issues

  1. 1 Whether respondent is entitled to full unredacted disclosure of the complainant's August 2019 medical records
  2. 2 Whether respondent is entitled to full unredacted disclosure of all clinical notes held by the complainant's social worker, Ms. Pratt
  3. 3 Whether respondent is entitled to full disclosure of all medical records held by Dr. Lino Durante dating back to October 2006

Ratio Decidendi

Because the complainant placed her health squarely at issue and the respondent demonstrated arguable relevance of the requested records to causation, pre-existing conditions and the respondent's duty to inquire, the Tribunal ordered full unredacted disclosure of the August 2019 medical records, all clinical records held by Ms. Pratt, and all medical records held by Dr. Durante dating back to 2006, subject to use limited to these proceedings and return to the complainant at the end of the proceedings; the anonymization request was denied because the complainant did not establish a real and substantial risk of undue hardship sufficient to outweigh the public interest in open hearings.

Court Disposition

Respondent's motion for disclosure allowed in part; full unredacted medical disclosure ordered; anonymization denied.

Orders

  • Within 21 days disclose an unredacted copy of the August 2019 medical records to the parties
  • Within 21 days disclose a full unredacted copy of all clinical records and notes held by social worker Laurie Pratt relating to the complainant