The lawyer representing North York General Hospital (NYGH) has threatened to take legal action against a former employee who answered questions about her religious beliefs with Bible verses during the discovery phase of a lawsuit. Wanh Porter, a Christian woman from Toronto, worked as a pediatric occupational therapist at NYGH until she was fired in November 2021 due to the hospital’s mandatory COVID-19 vaccine policy. According to a legal update provided by Ms. Porter’s lawyer, James Kitchen, on July 14, there was a setback during the questioning process for her wrongful dismissal case against the hospital.
During the questioning, NYGH’s lawyer, Elisha Jamieson-Davies, asked Ms. Porter about the religious beliefs that prevented her from receiving the COVID-19 vaccine. Ms. Porter responded by quoting verses from the Bible. In a letter dated June 2, Ms. Jamieson-Davies informed Mr. Kitchen that the hospital believed Ms. Porter should not answer questions by reading directly from the Bible. The letter also threatened to bring a motion for directions and request substantial indemnity costs if Ms. Porter continued to answer questions in this manner.
In response, Mr. Kitchen clarified that Ms. Porter did not solely read from the Bible while answering questions. She used Bible verses as part of her answers to explain them in the context of her religious beliefs. Furthermore, he claimed that the hospital’s lawyer interrupted Ms. Porter during the questioning. Mr. Kitchen argued that as Ms. Porter’s religious beliefs were central to her court claim, her answers would naturally include quoting Bible verses.
Mr. Kitchen suggested that the hospital’s lawyer follow through with the threat, but eventually, Ms. Jamieson-Davies decided to abandon the demand for Ms. Porter to stop discussing the Bible during questioning. The discovery process will continue in the fall.
The dispute arose from NYGH’s mandatory COVID-19 vaccine policy, which Ms. Porter did not comply with due to her religious beliefs. Initially, she was required to complete an education module about the vaccines or provide proof of vaccination. By August 2021, she had to undergo mandatory COVID-19 testing every three days. In September 2021, NYGH informed her that the vaccines were mandatory for all staff, prompting her to request an exemption based on her religious beliefs.
Court documents revealed that the hospital demanded additional information, including a letter from Ms. Porter’s faith leader and proof of participation in her church, to substantiate her exemption request. However, NYGH denied her request for accommodation and subsequently terminated her employment. Mr. Kitchen alleges that the hospital publicly sought applicants for Ms. Porter’s position before informing her that her religious accommodation request was denied.
Ms. Porter, supported by the nonprofit organization Liberty Coalition Canada, has filed a court claim alleging wrongful dismissal and unlawful discrimination by NYGH. She is seeking damages, including punitive damages. Mr. Kitchen criticized the legal profession for being out of touch with or contemptuous of religious minorities who do not align with their worldview. He believes there is a growing trend of intolerance towards those who dissent based on their religious beliefs and warns of increasing censorship of the Bible in society, even within the legal system.