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HomeMy WebLinkAbout2003-1881.O'Brien.11-07-11 DecisionCommission de Crown Employees Grievance UqJOHPHQWGHVJULHIV Settlement Board GHVHPSOR\pVGHOD Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 7pO   Fax (416) 326-1396 7pOpF   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 2¶%ULHQ 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. - 3 - 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. th Dated at Toronto this 11 day of July 2011. Deborah J.D. Leighton, Vice-Chair