HomeMy WebLinkAbout2003-1881.O'Brien.11-07-11 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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Couronne
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Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2003-1881, 2010-1951, 2010-1952
UNION#2003-0999-0026, 2009-0999-0013, 2009-0999-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
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Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J.D. Leighton Vice-Chair
FOR THE UNIONDavid Wright
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYERGeorge Parris
Ministry of Government Services
Labour Practice Group
Counsel
HEARING
June 9, 2011.
- 2 -
Decision
[1]The parties have agreed to the following order on consent:
A) The grievor shall execute the required releases permitting disclosure of the following:
a)All clinical notes, reports, tests, referrals and correspondence, including those
between counsel (subject to privilege) from December 11,1998 to present in the files
of the following professionals:
1)Dr. Dempsey,
2)Dr. Chander Lall,
3)Dr. Burley,
4)And any other medical practitioner, therapist, or counsellor not identified above.
b)7KHJULHYRU¶V0DQXOLIHILOHrespecting her claim for long term disability from
December 11, 1998 to the present.
B) Disclosure of all documents is subject to the following conditions:
1)Counsel for the Ministries will attend at the office for the Union to review the
complete disclosure as ordered above.
2)If counsel cannot agree on the arguable relevance of any of the documents set to
be disclosed, the issue shall be referred to the Board for resolution.
3)With regard to any document agreed upon or ordered to be arguably relevant,
Counsel for the Ministries shall be provided with a single copy of the documents.
4)Counsel for the Ministries may show these copies to a single advisor from each
Ministry. However, the advisors shall not be permitted to make or keep copies of
any of these documents. Counsel for the Ministries shall retain 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.
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5)All copies of said documents in possession of Counsel for the Ministries shall be
returned to Counsel for the Union at the close of the preceding (including any
judicial review).
6)Where either Counsel seeks a variation from the terms of this order, they shall
bring a motion before the Board.
Decision
[2] The parties were unable to agree on the time IUDPHIRUWKHUHTXHVWIRUWKHJULHYRU¶VPHGLFDO
documents. The employer sought disclosure back to December 11, 1998 to establish a baseline
RIWKHJULHYRU¶VKHDOWK7KH8QLRQDUJXHGWKDW the date should be December 11, 1999 since I
have previously decided that I will hear evidence of the 2003 grievance on the merits back to
December 11, 2000. He argued that one year should be sufficient. Having carefully considered
the submissions here I have decided to allow disclosure of medical information from December
11, 1998 and I have inserted this date in the order above. I also note that as a result of my
decision here, the Union may have a right to tender evidence within this time frame, if relevant.
The Union also submitted that any medical documents tendered in evidence should be ordered
sealed by the Board at the close of the proceedings. Both counsel agreed that this was within the
powers of the Board. Therefore, I hereby order that any and all medical documents marked as
exhibits in this case shall be sealed once the final decision is rendered and the case is completed.
Counsel for the union shall request that the registrar seal the exhibits at the appropriate time.
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Dated at Toronto this 11 day of July 2011.
Deborah J.D. Leighton, Vice-Chair