Medical Reports & The Human Rights Complaint

There typically is no affirmative rule mandating the production of medical reports, as distinguished from other documents, in the human rights administrative process. Provided that the documents meet the usual test of “arguably relevant”, the medical records will be ordered to be produced. If there is controversy on this issue, the reports may be shown to the Tribunal which will then decide this issue.[1]

[1] See McEwan v. Commercial Bakeries Corporation, 2004 HRTO 13 (CanLII) and Lampi v. Princess House Products Canada Inc., 2008 HRTO 1 (CanLII).