ARTICLE · 14 AUGUST 2017

Solving The "Self Serving"� Medical Notes Puzzle

Stringer LLP

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The decision of the Human Rights Tribunal of Ontario in Sean Carter v. Neurologic Rehabilitation Institute of Ontario (2011) shows the importance of medical notes in human rights cases...

CanadaGovernment, Public Sector

Allison L. Taylor

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The decision of the Human Rights Tribunal of Ontario in Sean Carter v. Neurologic Rehabilitation Institute of Ontario (2011) shows the importance of medical notes in human rights cases and how medical documentation will often not be sufficient to support a disability or an obligation to accommodate on an employer's part.

The Facts

Carter was employed for 18 months by the Institute as a program coordinator in a residential rehabilitation facility. His position was both therapeutic and supervisory. In March 2008 he was injured a motor vehicle accident which required him to be off work for a month, during which time he received WSIB benefits. He gradually returned to work in April 2008, sought no further accommodation with respect to these issues and went back to full-time duties in July 2008. He was terminated in December 2008.

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