IME requests can be justified as part of duty to accommodate

Ontario decision clarifies employers’ rights
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 07/11/2017
Ottawa Catholic School Board
The Ottawa Catholic School Board was looking for more information when it requested an IME from Marcello Bottiglia. Credit:Google Street View

Ontario employers should be comforted to know that when it comes to requesting an independent medical examination (IME) from employees, they have more rights than they may realize. That’s because of a recent decision clarifying the contractual and statutory requirements around such requests.

“The incredible thing about this case is you now have the courts of Ontario saying all employers have a statutory basis because you all have a duty to accommodate under the Human Rights Tribunal of Ontario (HRTO). And how can you do a really good job of accommodating if you don’t have all the facts you need?” said Anneli Legault, a partner at Dentons in Toronto.

Employee goes on sick leave