GSB# 2025-00249
UNION# 25-0252-001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Halden)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Sarah Atkinson
Arbitrator
FOR THE UNION
Tim Hannigan Ryder Wright Holmes Bryden Nam LLP Counsel
FOR THE EMPLOYER
Regina Wong Treasury Board Secretariat Legal Services Branch Counsel
CONFERENCE CALL
March 6, 2026
Decision
1The parties on consent have agreed to an order to reflect the agreement of the parties on the issue of the disclosure of the Grievor’s medical files and WSIB file.
2The Union and the Grievor shall produce all arguably relevant medical records, which includes but is not limited to any medical treatment sought by the Grievor during the relevant period of the grievance, as well as a copy of arguably relevant documents included in the Grievor’s WSIB file.
3The disclosure of all medical documentation, and all WSIB file documentation in this proceeding is subject to the following conditions:
a. The documentation shall be disclosed to Employer counsel.
b. The documentation will be used solely for the purpose of the arbitration at issue and for no other purpose.
c. Counsel for the Employer may share documents with one instructing client and one Employee Relations Advisor, as well as any interns and students supporting Employer counsel and the Employee Relations Advisor. Counsel for the Employer may share limited information in the documents with additional instructing clients, only to the extent necessary to obtain instructions.
d. Counsel for the Employer may share documents in the Grievor’s medical file, WSIB file and/or information in the documents, with any witness, only to the extent necessary for preparing witness testimony.
e. The individuals referred to in (c) and (d) above may not share any documents in the Grievor’s medical file, WSIB file, or information contained therein with anyone else. At the conclusion of the hearing, all medical documentation and WSIB documentation provided pursuant to this order (and not entered into evidence) shall be deleted/destroyed by the individuals referred to in (c) and (d) above.
f. Counsel for the Employer may not share any documents in the Grievor’s medical file, WSIB file, or information contained therein with anyone other than the individuals referred to in (c) and (d) without consent from the Union or an order from the Board. Employer counsel may keep a copy of the medical documentation for their file.
Dated at Toronto, Ontario this 10th day of April 2026.