GSB# 2020-1750

UNION# G-069-20-TS

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Amalgamated Transit Union - Local 1587 (VanMourik)

Union

• and -

The Crown in Right of Ontario (Metrolinx - GO Transit)

Employer

BEFORE

Kathleen G. O’Neil

Arbitrator

FOR THE UNION

Dean Ardron Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

September 14, 2021

INTERIM DECISION

1At the request of employer counsel, a subpoena was issued to Trillium Health Partners, requiring all records related in any way to injuries incurred by patient Kevin McLean on January 18-19, 2020 for which he sought medical attention on January 19, 2020 and thereafter, including files, documents, clinical notes and records, images and recordings. Mr. Michael Tekeste appeared on behalf of the hospital, and arrangements were made to issue an order enabling the hospital to provide those records to employer counsel. Mr. Tekeste indicated that on receipt of a written order and an authorization from Mr. Fogel he would be in a position to release them. Employer counsel provided the patient’s date of birth, which Mr. Tekeste indicated accorded with the records in the hospital’s possession.

2Union counsel was not opposed to those arrangements.

3Without determining the question of admissibility, I find these materials to be arguably relevant to issues in dispute. I hereby order that Trillium Health Partners disclose the aforementioned records to Daniel Fogel, counsel for the Employer. Mr. Fogel will then arrange for a copy of the records to be provided to Dean Ardron, counsel for the Union.