HomeMy WebLinkAbout2013-2349 et al.Grievor.18-06-20 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# 2013-2349; 2013-2350; 2013-2351
UNION# 2013-0579-0034; 2013-0579-0035; 2013-0579-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Reva Devins Arbitrator
FOR THE UNION Katherine Ferreira
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 7, 2018
- 2 -
Decision
Having heard the submissions of the parties I hereby order:
[1] The Grievor shall obtain a copy of her complete medical file from The Centre for
Addiction and Mental Health ("CAMH") and produce it to counsel for the Union. In
turn, counsel for the Union will produce the file (to the extent that it is arguably
relevant to the grievances) to counsel for the Ministry.
[2] Disclosure of all documents as part of the instant order is subject to the following
conditions:
a. Counsel for the Ministry may only disclose the documents to its key
advisor(s) with respect to the grievances and no more than is necessary to
prepare for litigation. The advisor(s) shall not be permitted to make or keep
copies of the documents. Any other further dissemination of the relevant
parts of the documents shall occur on a "need to know basis" to support
potential responding evidence by the Ministry, including the possibility of its
referral for expert assessment and testimony, all of which is conditional
upon the deemed undertaking of all recipients of the medical information
that the documentation will be kept confidential and only used for purposes
of the instant grievance proceedings.
b. Counsel for the Ministry shall retain all copies of the documents in his or her
control, in a secure location, and shall only make copies of the documents
as is necessary for the purpose of production in the hearing.
c. At the conclusion of the proceeding (including any judicial review), counsel
for the Ministry may retain one copy of the documents for his or her records.
All other copies of the documents in the possession of counsel for the
Ministry shall be destroyed.
Dated at Toronto, Ontario this 20th day of June 2018.
“Reva Devins”
Reva Devins, Arbitrator