3450-99-OH Cheryl Sweiger, Applicant v. Toronto Transit Commission, Joe Haffey, J. Thompson, Shelagh Quigley, Gary Webster and Richard Ducharme, Responding Parties.
0046-00-U Cheryl Sweiger, Applicant v. Amalgamated Transit Union, Local 113, Responding Party v. Toronto Transit Commission, Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; August 14, 2000
The Board is in receipt of correspondence dated August 9, 2000 from the applicant in relation to answer for request for particulars sent by the intervenor dated July 24, 2000.
As has been stated by the Board previously, “the Board’s power to compel the production of documents is a significant one and must therefore be exercised circumspectly” (see Mollenhauer Limited, [1987] OLRB Rep. Sept. 1156 at page 1158). Production is not to be used as a fishing expedition. On the other hand production should be made of documents that are arguably relevant to the matter before the Board.
The Board in this matter having considered the correspondence is not prepared at this time to order further production.
However, if there remains any dispute regarding the documents that are sought to be produced and/or the scope of production, the applicant and the intervenor should be prepared to make submissions before the panel hearing this matter.
“Timothy W. Sargeant”
for the Board