GSB# 2024-01885
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 (Di Maria)
Association
- and -
The Crown in Right of Ontario (Ministry of Environment, Conservation and Parks)
Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE ASSOCIATION
Marisa Pollock Goldblatt Partners LLP Counsel
FOR THE EMPLOYER
Paul Meier Treasury Board Secretariat Legal Services Branch Senior Counsel
CONFERENCE CALL
October 14, 2025
Decision
1At the request of the parties a conference call was held to discuss issues regarding production. Following the discussion, the parties agreed to the following terms and requested that they be issued as an order of the Board.
CONSENT ORDER
- The Union will make its best efforts to produce the following by October 31, 2025:
Dr. S. V.
a. Dr. S V’s complete file from the Complainant’s first visit with the doctor (stated to be in 2019).
Dr. M. C.
b. Dr. M C’s complete file pertaining to the Complainant to his last visit date (stated to be on December 7, 2020) including but not limited to all notes, charts, reports, treatment records, visit dates, emails, texts, memoranda, letters or any other documentation pertaining to the Complainant and including any and all documentation regarding any psychological testing conducted by Dr. C.
Dr. R. R-M.
c. Dr. R R-M’s complete file pertaining to the Complainant to the present including but not limited to all notes, charts, reports, treatment records, visit dates, emails, texts, memoranda, letters or any other documentation, including any testing, pertaining to the Complainant.
Dr. J. S.
d. Dr. J. S.’s complete file pertaining to the Complainant to the present including all medical, clinical and treatment records including but not limited to all documents, records, consultation reports, clinical records, and notes.
GENERAL
The Union will advise forthwith if the Complainant has seen any other health care / medical professional for any physical or psychological/cognitive condition or symptom relevant to the issues raised by the Complainant in the Dispute since early 2019 (i.e., after Dr. D’s IPE and treatment recommendations), in addition to those listed above, and if so, it will provide Employer counsel with the health care / medical professional’s name, area of specialty / treatment and the date of the Complainant’s visit(s), if any. The Employer may seek production of the medical information related to them and the Union may oppose any such request for production.
The Union will write to each of the above-noted doctors, requesting that the Medical Records be released to Union counsel as soon as possible (and enclosing the Complainant’s signed consent to release the medical information). Union counsel will provide Employer counsel with a copy of the letters of request. For clarity, the Union has in its possession Dr. V’s file current to February 3, 2025. It will provide what it received from Dr. V to the Employer, along with the letter requesting the file. The Union has requested an update to Dr. V’s file but has not yet received it. The Union will provide the update to the Employer when received, along with the letter requesting the file.
On receipt of the Medical Records, Union counsel shall provide a copy to Employer counsel forthwith in an electronic and password protected format.
Employer counsel shall maintain the Medical Records in a secure manner, e.g. saved electronically with password protection. Any hard copy of the Medical Records will be securely stored.
Employer counsel may share the records with one Employee Relations Officer, one Disability Accommodation Specialist and one instructing client. If additional representatives are required, the Employer will advise the Union (and the parties can either agree, or a Board order can be sought).
The Employer reserves its right to request further production once it has had the opportunity to review the materials as requested, including but not limited to medical information from any speciality clinics, walk-in clinics, urgent care, and emergency room visits, if any, and the Union may oppose any such request for production.
The Union reserves the right to “black out” any information in the records on the grounds of arguable relevance, subject to the Employer’s right to object to any such deletions.
2The foregoing agreed upon terms shall constitute an order of the Board, and will be enforceable as such.
3The Board remains seized.
Dated at Toronto, Ontario this 30th day of October 2025.