HomeMy WebLinkAbout2018-1346.Grievor.20-01-16 Decision
Crown 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#2018-1346
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Grievor)
Association
- and –
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
FOR THE UNION
Nadine Blum
Goldblatt Partners LLP
Counsel
Avril Dymond
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Peter Dailleboust / Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Co-Counsel
HEARING January 9, 2020
- 2 -
Decision
[1] The parties have worked together to agree to a Consent Order governing
the disclosure and use of medical documentation in this case. I made the
Order orally at the hearing of this matter on January 9, 2020. In accordance
with the parties’ agreement I confirm the following Orders:
Disclosure of all medical documentation in this proceeding is subject to the
following conditions:
a. With regard to any medical document produced in this
proceeding, each party (the “Receiving Party”) shall be provided with
a single copy of the documents (either electronically or in paper
form), by counsel for the party disclosing the information.
b. Counsel for the Receiving Parties may show a copy of the
documents only to a designated advisor (the identity of whom shall
be identified to the other parties). Neither B nor the Grievor shall be
permitted to view these documents. Counsel shall retain any and all
copies of these documents in his/her control, and shall only make
copies of documents as is necessary for the purposes of production
in the hearing. Any individual with access to this medical information
pursuant to this order must treat the information as confidential.
While neither B nor the Grievor shall be permitted to view the medical
documents, they shall have the right to listen to any oral evidence in
this case, including evidence that discusses the contents of any
medical documentation. In addition, counsel and the designated
advisors shall be permitted to discuss the contents of the medical
documentation with B and the Grievor to the extent necessary to
advise on how the medical documentation may impact on the merits
of the case;
c. All copies of said documents in the possession of Counsel
shall be permanently and securely destroyed at the close of the
proceeding (including any judicial review), with the exception of a
single copy for each Counsel’s file.
d. All parties reserve the right to challenge any medical evidence,
including by cross-examination of any relevant medical practitioners.
- 3 -
e. Where either counsel seeks a variation from the terms of this
order, they shall bring a motion before the Board.
[2] In addition, the parties understand that prior to the issuance of an award on
the merits in this case, there will be a discussion between the parties and I
about how medical evidence will be described in the final award. The
parties also understand that if there is no agreement on how evidence will
be described I will do my best to describe such evidence with utmost regard
for the privacy of the individuals affected while at the same time, having
regard to the parties’ natural justice rights.
Dated at Toronto, Ontario this 16th day of January, 2020.
“Brian McLean”
Brian McLean, Arbitrator