HomeMy WebLinkAbout2012-3523.Winter.15-03-04 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3523, 2012-3524, 2012-3525, 2012-3526, 2012-3527, 2012-3528, 2012-3529, 2012-3530,
2012-3531, 2012-3532, 2012-3533, 2012-3534, 2012-3535, 2012-3536
UNION#2012-0102-0060, 2012-0102-0061, 2012-0102-0062, 2012-0102-0063, 2012-0102-0064,
2012-0102-0065, 2012-0102-0066, 2012-0102-0067, 2012-0102-0068, 2012-0102-0069,
2012-0102-0070, 2012-0102-0071, 2012-0102-0072, 2012-0102-0073
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Winter) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE UNION Sheila Riddell
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Benjamin Parry
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL
SUBMISSIONS
February 19, 2015
February 20, 2015
- 2 -
Decision
[1] A dispute has arisen concerning disclosure of the Grievor’s medical records. The
grievances date from 2012, and cover allegations back to 2009. The Union has consented to
provide the Grievor’s medical records from 2007, but has objected to providing any medical
records prior to that time. The medical records in dispute, from the Grievor’s doctor, go back to
2004.
[2] Based on the submissions and case law provided, I conclude that the Grievor’s medical
records for the period 2004-2007 should be made available to counsel for the Employer – only –
to review to determine if any of the documents are “useful and necessary” to the substantive
issues in dispute. Re Becker Milk Co. Ltd. and Milk & Bread Drivers, Dairy Employees,
Caterers and Allied Employees, Local 647 (1996) 53 L.A.C. (4th) 420 (Joyce), quoted in Re
OPSEU (Richard) and Ontario Clean Water Agency, GSB 200-1220 (Abramsky). If counsel
identifies such documents, and the Union still objects, we will deal with the dispute on an
individualized basis.
[3] In so ruling, I conclude that the fact that the Grievor’s allegations may legally only go
back to 2009 does not mean that a two-year cut off in regard to medical records is appropriate.
The Grievor has alleged that the Employer’s actions have directly caused her harm and has relied
on doctor’s reports to establish the harm. There has been some indication of pre-existing issues.
In these circumstances, the Employer is entitled to review the Grievor’s medical records.
[4] At this time, however, in order to limit the disclosure of the disputed medical records,
only counsel for the Employer may view them. No copies may be made, and the review is
limited solely to this litigation and for no other purpose.
Dated at Toronto, Ontario this 4th day of March 2015.
Randi H. Abramsky, Vice-Chair