Ontario Public Service Employees Union (Kaltagian) v. The Crown in Right of Ontario (Ministry of Health and Long-Term Care), 2014 CanLII 64817

GSB#2012-4253, 2013-2273

UNION#2012-0545-0044, 2013-0545-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kaltagian)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Megan Reid Dewart Gleason LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

George Parris Ministry of Government Services Legal Services Branch Counsel

HEARING

September 22, 2014

Decision

1Two individual grievances filed by the grievor, Mr. Sevag Kaltagian are before the Board. When the matter came up for hearing, on September 22, 2014, the parties, together with the Vice-Chair, dealt with a number of preliminary and procedural issues, including setting up timelines for production and particulars.

2The disclosure of the grievor’s medical information was also discussed, and the parties agreed to the issuance of a consent order as follows:

The parties have agreed to the following order on consent:

1. The grievor shall execute the required releases permitting the disclosure of all clinical notes, reports, tests, referrals and correspondence (excluding correspondence from legal counsel, at this time) from January 2011 to the present, in the two medical files as discussed between counsel.

2. Disclosure of all documents is subject to the following conditions:

a. If counsel cannot agree on the arguable relevance of any of the documents to be disclosed, the issue shall be referred to the Board for resolution.

b. With regard to any document agreed upon or ordered to be arguably relevant, Counsel for the Ministry shall be provided with a single copy of the documents (either electronically or in paper form), by OPSEU counsel.

c. Counsel for the Ministry may show a copy to an advisor from each Ministry. However, the advisors shall not be permitted to make or keep copies of these documents. Counsel shall retain any and 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. The Ministry officials with access to this medical information pursuant to this order must treat the information as confidential.

d. All copies of said documents in possession of Counsel for the Ministry shall be permanently and securely destroyed at the close of the proceeding (including any judicial review).

e. Where either counsel seeks a variation from the terms of this order, they shall bring a motion before the Board.

3The foregoing terms shall have the same force and effect as an order of the Board and are hereby issued as such.