Philps v. Ritchie-Smith Feeds Inc.

Philps v. Ritchie-Smith Feeds Inc.

Further disclosure of the complainant's treating medical records is denied because the complainant did not put additional medical conditions into issue beyond an acknowledged disability and did not claim the respondent's conduct caused or exacerbated a medical injury; the Tribunal will not issue advance blanket rulings on admissibility or weight of hearsay documents and will assess documents case-by-case at hearing; the Tribunal will permit the respondent to call treatment providers and to designate them as adverse for the purpose of allowing leading questioning and other flexibility in examination, without a formal pre-hearing declaration.

Citation
2019 CHRT 43
Parties
Complainant: Robert Philps; Commission: Canadian Human Rights Commission; Respondent: Ritchie-Smith Feeds Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
28 October 2019
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Interim Ruling on Pre Hearing Motion (disclosure/hearsay/adverse Witness)
Outcome
Respondent's motion to compel further medical records denied; Tribunal declined to make advance blanket rulings on admissibility of hearsay documents; Tribunal confirmed respondent may treat subpoenaed treatment providers as adverse and will permit latitude in questioning.
Legal Topics
Disability Discrimination, Disclosure of Medical Records, Hearsay Evidence, Adverse Witness Treatment, Remedies S.53(2)(e) Pain and Suffering
Source Language
English
Human Rights Law Employment Law Administrative Law Evidence Disability Discrimination Disclosure of Medical Records Hearsay Evidence Adverse Witness Treatment +1 more

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Parties

Robert Philps

Complainant

Canadian Human Rights Commission

Commission

Ritchie-Smith Feeds Inc.

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Interim Ruling on Pre Hearing Motion (disclosure/hearsay/adverse Witness)

Legal Issues

  1. 1 Whether the complainant must be compelled to produce full medical records of treating providers
  2. 2 Whether hearsay documents may be admitted for the truth of their contents in advance of hearing
  3. 3 Whether the respondent may treat subpoenaed treatment providers as adverse witnesses and be permitted leading questioning

Ratio Decidendi

Further disclosure of the complainant's treating medical records is denied because the complainant did not put additional medical conditions into issue beyond an acknowledged disability and did not claim the respondent's conduct caused or exacerbated a medical injury; the Tribunal will not issue advance blanket rulings on admissibility or weight of hearsay documents and will assess documents case-by-case at hearing; the Tribunal will permit the respondent to call treatment providers and to designate them as adverse for the purpose of allowing leading questioning and other flexibility in examination, without a formal pre-hearing declaration.

Court Disposition

Respondent's motion to compel further medical records denied; Tribunal declined to make advance blanket rulings on admissibility of hearsay documents; Tribunal confirmed respondent may treat subpoenaed treatment providers as adverse and will permit latitude in questioning.

Orders

  • Respondent's request to compel production of additional treating physicians' full medical files denied absent a new pleading that discrimination caused separate medical harm
  • No advance, blanket ruling will be made on admissibility or weight of hearsay documents; documents will be considered individually and admitted or weighed at hearing