HomeMy WebLinkAbout1991-2855.Wilson.93-05-10· ,. '. ' ONTARIO EMPLOYES DE LA COURONNE
~. , ~,"-; , : CROWNEMPLOYEES DEL'ONTARIO
GRIEYANCE C,OM I$$1ON DE
SETTLEMENT REGLEMENT
BOARD DES GRtEFS
'180 DUNDAS STREET WEST, SUITE 2t00, TORONTO, ONTARIO. M5G IZ8 TELEPHONE/T~L~PHONE: (416) 326- 1388
I80, RIDE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 FACSIMILEIT~-£t~COPIE .. {4 ~6) 326- 1396
2855/91
IN THE MATTER OF ~N ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTI~ BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Wilson)
Grievor
The Crown in Right of Ontario
(Ministry of Health)
Employer
BEFORE O. Gray Vice-Chairperson
J. Carruthers Member
D. Montrose Member
FOR THE J. Monger
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE W. Hayter
RESPONDENT Counsel ~
Genest, Murray, DesBrisay, Lamek
Barristers & Solicitors
HEARING January' 18, 1993
May 3, 5, 1993
INTERIM AWARD
On application of counsel for the employer for an order that the witness, Dr.
Richard Wood, produce for inspection clinical records with respect to the grievor to
which he referred during his examination in chief, having heard and considered the
representations' of counsel for both parties and those of Dr. Wood, we order and direct
that:
i. The Union will provide counsel for the employer with one set of legible
photocopies of the clinical notes of Dr. Richard Wood. No further copies are to
be made except in the case where the employer retains a medical expert who
is independent of Queen Street Health Centre, in Which case a copy may be
provided to that expert for the purposes of reaching an opinion.
2. An acknowledgement in the form annexed hereto as Appendix ~'A~ is to be
signed by any persons who review the notes. Except with the consent of the
Union, or upon further order of this Board, only the following individuals will
be permitted to review the notes who are employed by Queen Street Medical
Health Centre: Dr. Samuel A. Malcolmson and Ms. Dorothea Mahoney.
Dated at Toronto this "l o day of May, 1993.
Owen V. Gray, Vice-Chair
D. Montrose, Member
Appendix "A"
I acknowledge that I have reviewed the clinical notes prepared by Dr. Richard
Wood in connection with Ms. Fay Wilson and that, by order of the Grievance Settlement
'Board, I am not to disclose the notes or the content or subject matter o£ the notes to
anyone and that I am not to discuss the content of these notes with anyone except
counse! in this proceeding, Mr. Wi!liam J. Hayter, and Dorothea Mahoney, Regional
Homart Resources Manager, Ministry of Health.
I understand that breach of this order constitutes a contempt which is punishable
at law as if it were a contempt of court.
Dated this day of ,1993.