[1994] OLRB Rep. February 177
3067-93-M Canadian Union of Public Employees, Local 3678, Applicant v. Quadrille Development Corporation c.o.b. as the Residence on the St. Clair, Responding Party
BEFORE: S. Liang, Vice-Chair.
APPEARANCES: Jeffrey Sack and William Nichol for the applicant; Tim P. Liznick, Malcolm Winter, Carolyne Harris, Lynne Wyvin and Scott Williams for the responding party.
DECISION OF THE BOARD; February 17, 1994
1The applicant has requested production of certain documents. The respondent does not dispute the relevance of the documents to the issues in dispute, but asserts that production should not be ordered where health legislation and professional obligations impose standards of confidentiality on health professionals with respect to medical information.
2Having regard to the submissions of the parties and the material before it, the Board orders the respondent to produce to the applicant those documents set out in the applicant's letter of February 10, 1994.
3The parties have agreed and the Board orders that these documents will not be disclosed except to the Board and to counsel to the parties, who shall preserve their confidentiality (subject only to obtaining instructions).
4The parties also requested that the Board order that any confidential documents tendered to the Board be sealed and not disclosed by the Board. It is not the general provisions of the Freedom of information and Privacy Act, which regulated the disclosure of such documents, we find it unnecessary here.
5The parties jointly requested the Board to direct that the portion of the hearing relating to such documents shall be held in camera. Further the parties jointly requested that in any decision of the Board, any reference to these documents shall be made in such a way as to preserve the confidentiality of the identity of residents and information in their medical records. This panel indicated to the parties that these requests may be made directly to the panel of the Board hearing this matter.
6This panel is not seized.