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Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. - 2022 ONCAT 41 - 2022-04-29

Corporation:

TMTCC 744

Date:

2022-04-29

Under:

CAT Decisions - Motion Order

Summary:

In the case of Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. (2022 ONCAT 41), a confidentiality order was issued under Rule 21 of the Condominium Authority Tribunal's Rules of Practice to protect the personal medical information of the involved parties, including the Applicant and the Respondent. The order covered specific documents and records as well as the recording of a cross-examination session during the proceedings, which contained sensitive medical information. The order mandated that the Confidential Documents be treated as strictly confidential and removed from the public record. Only authorized counsel and representatives of each party involved were granted access to the Confidential Documents, and all parties were obligated to maintain the confidentiality of this information even after the conclusion of the proceedings.

Verdict:

In Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. (2022 ONCAT 41), a confidentiality order was issued to protect the sensitive personal medical information contained in submitted documents and recorded cross-examination sessions during the proceedings. The order, invoked under Rule 21 of the Condominium Authority Tribunal's Rules of Practice, restricts access to and sharing of these confidential materials solely to authorized counsel and representatives of each party. This case emphasizes the importance of safeguarding personal information and maintaining privacy during legal proceedings involving sensitive data, even after the case's conclusion.

Takeaways:

Confidentiality Protection: In the case of Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. (2022 ONCAT 41), a confidentiality order was issued to safeguard personal medical information contained in submitted documents during the proceedings. The order was invoked under Rule 21 of the Condominium Authority Tribunal's Rules of Practice.

Protected Information: Sensitive medical data of the Applicant and the Respondent was found in the documents. A case management conference was held to discuss the confidentiality of this information, and the parties unanimously agreed that a confidentiality order was appropriate.

Scope of the Order: The order covered specific exhibits and records containing personal medical information, as well as a recording of a live cross-examination session held during the proceedings, where both witnesses shared sensitive medical details.

Strict Confidentiality: The order mandated that the Confidential Documents be treated as strictly confidential and removed from the public record. Only authorized counsel and representatives of each party were allowed access to these documents.

Obligation of Privacy: All parties involved were bound by the order to maintain the confidentiality of the information contained in the Confidential Documents, even after the conclusion of the proceedings.

Recommendations: 

Adhere to Privacy Rules: When handling cases involving sensitive personal information, it's crucial to adhere to privacy rules and guidelines. Rule 21.5 of the Condominium Authority Tribunal's Rules of Practice provides a framework for protecting confidential personal information. Legal practitioners and parties should be aware of these rules and ensure compliance to maintain privacy.

Use Confidentiality Orders Prudently: Parties in legal proceedings should be judicious in requesting or agreeing to confidentiality orders, especially when personal medical information is involved. While these orders are essential for safeguarding sensitive data, they should only be sought or granted when truly necessary, balancing the need for privacy with the principles of transparency and open justice.

Maintain Post-Termination Confidentiality: Even after legal proceedings have concluded, all parties and individuals who have access to confidential documents and records should continue to uphold the confidentiality of the information. This ongoing commitment to privacy is essential for protecting personal data in the long term.

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