Malenfant v. Videotron S.E.N.C.

Malenfant v. Videotron S.E.N.C.

The Tribunal ordered disclosure because the candidates' testimony and unredacted resumés are potentially relevant under the low arguable relevance standard at the production stage, privacy concerns can be managed by confidentiality measures, and the duty to disclose covers existing documents in the respondent's...

Source-derived case information.

Citation
2017 CHRT 11
Parties
Complainant: Jean-Marc Malenfant; Commission: Canadian Human Rights Commission; Respondent: Vidéotron S.E.N.C.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 May 2017
Procedural Posture
Human Rights (employment Discrimination) / Ruling on Motion for Disclosure
Outcome
Order for disclosure of unredacted resumés of five candidates identified by the complainant
Legal Topics
Age Discrimination, Disclosure of Evidence, Witness Summons, Confidentiality, Relevance Standard
Source Language
english
Human Rights Employment Law Privacy Administrative Law Age Discrimination Disclosure of Evidence Witness Summons Confidentiality +1 more

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Parties

Jean-Marc Malenfant

Complainant

Canadian Human Rights Commission

Commission

Vidéotron S.E.N.C.

Respondent

Procedural Posture

Human Rights (employment Discrimination) / Ruling on Motion for Disclosure

Legal Issues

  1. 1 Whether Videotron must disclose contact information of five candidates hired for positions 13-1004 and 14-1004
  2. 2 Proper relevance threshold for disclosure at production stage
  3. 3 Balancing candidates' privacy rights against parties' right to full answer and defence under the CHRA

Ratio Decidendi

The Tribunal ordered disclosure because the candidates' testimony and unredacted resumés are potentially relevant under the low arguable relevance standard at the production stage, privacy concerns can be managed by confidentiality measures, and the duty to disclose covers existing documents in the respondent's possession; therefore withholding contact information at this stage would prejudice the complainant's ability to present a full case.

Court Disposition

Order for disclosure of unredacted resumés of five candidates identified by the complainant

Orders

  • Vidéotron shall provide the other parties with the resumés of the five candidates selected for positions 13-1004 and 14-1004 in 2014 identified in the complainant's list of witnesses dated January 16, 2017, without their contact information being redacted.