HomeMy WebLinkAbout2019-2537.Complainant.21-11-25 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2019-2537
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Complainant) Association
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Owen V. Gray Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock (Counsel)
Kelly Doctor (Counsel)
Goldblatt Partners LLP
FOR THE EMPLOYER Caroline Cohen (Counsel)
Jackson Lund (Counsel)
Treasury Board Secretariat
Legal Services Branch
HEARING November 16, 2021
(by videoconference)
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Decision
[1] The parties have agreed to an order requiring that they exchange particulars and
documents, and also to the timetable set out in paragraph [6] of this order.
[2] The employer shall provide the union with written particulars of all of the allegations
of fact on which it relies in this matter, together with copies of all documents in its
possession, custody or power on which it may wish to rely in support of those
allegations.
[3] The union shall provide the employer with written particulars of all of the allegations
of fact on which it relies in this matter together with copies of all documents in its
possession, custody or power on which it may wish to rely in support of those
allegations or in answer to the employer’s allegations. The union’s particulars shall
specifically identify the allegations in the employer’s particulars with which it agrees
and the allegations with which it disagrees and, as to each allegation with which it
disagrees, shall set out particulars of the allegations of fact, if any, on which it relies
in that regard.
[4] In the event that the union’s particulars raise issues not addressed in the particulars
delivered by the employer, the latter may deliver in reply particulars of any additional
allegations of fact on which it intends to rely in connection with those new issues
and shall provide copies of any additional documents in its possession, power or
control on which it may wish to rely in answer to the union’s allegations or in support
of its reply allegations.
[5] With respect to each of the acts and omissions alleged therein, each party’s written
particulars shall indicate what was done or not done, when, where, by what means
and by whom, identifying by name any individual whose actions are being attributed
to an organization. It is not necessary for a party to include in its particulars a
description of the evidence by which it will seek to prove the facts alleged. The
allegations of fact in a party’s particulars should be sufficiently comprehensive that
it would be unnecessary for that party to call any evidence if the opposite party were
to admit that all of the allegations of fact therein were true.
[6] As for documents already exchanged between the parties, the requirements of this
order that each party produce to the other copies of documents on which it may
wish to rely may be satisfied by identifying to the opposite party the documents
already provided on which it may wish to rely. However, any documents referred to
in the parties’ particulars will be produced with the particulars regardless of whether
or not they have been previously produced.
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[7] The employer’s particulars and productions shall be delivered to union counsel by
the close of business on Tuesday, December 21, 2021. The union’s particulars and
productions shall be delivered to employer counsel by the close of business on
Tuesday, February 1, 2022. The employer’s reply particulars and productions, if
any, shall be delivered to union counsel by the close of business on Tuesday, March
15, 2022. These deadlines may be extended by written agreement of the parties.
[8] A party who fails to produce a document or provide particulars of an allegation in
accordance with this order may not introduce that document or testimony about that
allegation into evidence in these proceedings without leave.
Dated at Toronto, Ontario this 25th day of November, 2021.
“Owen V. Gray”
________________________
Owen V. Gray, Arbitrator