GSB# 2022-12165

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Kwong)

Association

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE ASSOCIATION

Nadine Blum Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

January 25, 2024

Decision

1This is a grievance filed by the Association against the Employer regarding Hing Allen Kwong (the "Grievor"). The Board held a hearing regarding this grievance on January 25, 2024. At the hearing witnesses were questioned about documents regarding the Grievor which are in their possession and control. A representative/ owner of XR Wellness indicated that her Company had such documents but was unwilling to produce them without an Order from the Grievance Settlement Board. Accordingly, the Board hereby Orders XR Wellness to, within 14 days of the date of this decision, produce to counsel for the Employer:

any and all documentation under its care and control, with respect to any and all treatments provided by any and all practitioners at XR Wellness to Hing (Allen) Kwong/Hing Lun Allen Kwong (DOB as in the summons) and/or Stella Shum (DOB as in the summons) between July 1, 2015 and February 28, 2019 including, but not limited to appointment scheduling records; records indicating type of treatment; treatment providers; treatment records; invoicing and payment records; and receipts for treatment.

2I remain seized of this matter.