The Member brought a motion for the production of third-party records from the Children's Aid Society, the York Regional Police, and the York Catholic District School Board, as well as for the disclosure of contact information for two student witnesses.
The Discipline Committee applied the O'Connor test and ordered the production of police records, finding them likely relevant and that the balance of interests favoured production.
The Committee denied the production of CAS records for lack of relevance, and denied the production of student grades from the Board, finding them privileged under the Education Act.
The Committee also ordered the College to disclose the students' contact information to the Member's counsel only, to balance the Member's right to make full answer and defence with the witnesses' privacy interests.