Find the complainants statement of disagreement

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Reference no: EM133670855

Question: In the circumstances, I find the complainant's statement of disagreement does not meet the requirements of section 55(11)(a). The complainant's statement of disagreement contains a number of allegations and statements that go well beyond a concise statement of disagreement that sets out the correction that Dr. Guerra refused to make. As such, I find the custodian is not required under section 55(11)(b) to attach the statement of disagreement, as it has been provided, to the consultation report. [36] If the complainant wishes to provide a new statement of disagreement to the custodian to attach to the consultation report, he should provide the custodian with a statement of disagreement that complies with section 55(11)(a) of the Act. As stated in PHIPA Decision 162, the custodian should adopt a liberal interpretation of whether the complainant's new statement of disagreement complies with the requirements of section 55(11)(a). [37] Finally, if the custodian refuses to attach the complainant's new statement of disagreement, the complainant may make a complaint to the IPC for a determination as to whether the new statement meets the requirements of section 55(11)(a).

Reference no: EM133670855

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