GSB# 2023-01797

UNION# 2026-0229-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cochrane)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

James Craig Morrison Watts Hurtado Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 5, 2025

Decision

1The Board is seized with the above-noted grievance the union filed on behalf of Christopher Cochrane (grievor), alleging that the Employer failed to accommodate the grievor by not returning him to work in a timely fashion. The Employer disputes the merits of the grievance. The Board has convened on several days, and the hearing is scheduled to continue on November 24, 2025.

2The Employer has sought disclosure of documents arguably relevant to the issues in dispute in the grievance. In particular, the Employer sought the disclosure of the clinical notes from Dr. Jolae Fuller, with respect to the grievor. The Board was advised that the grievor has confirmed to counsel for the union that he consents to the clinical notes being disclosed to the employer.

3On March 5, 2025, the Board ordered disclosure to Union counsel of Dr. Jolae Fuller’s clinical notes pertaining to the Grievor from January 2020 to date.

4In advance of the hearing date scheduled for August 12, 2025, Dr. Jolae Fuller provided Union counsel her clinical notes with redactions. The Employer informed the Board at the hearing on August 12, 2025 that unredacted notes of Dr. Fuller had not been provided despite a request for that, and requested a Board order.

5The GSB hereby orders Dr. Jolae Fuller to produce to Union counsel within thirty (30) days, a full and unredacted copy of her clinical notes in respect of the Grievor covering the period from January 2020 to date. Failure to comply with this order may result in the issuance of a Summons Duces Tecum for Dr. Jolae Fuller to attend the next hearing date with an unredacted copy of her notes within her possession.