2403-98-R; 2405-98-G International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Applicant v. Big “B” Steel Erectors Inc., 1246074 Ontario Limited, c.o.b. as Sunset Construction, Spud Erectors Inc., Responding Parties.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; March 2, 2000
The applicant is granted an extension of the time for filing its submissions about the adequacy of the documents produced by Spud Erectors Inc. until March 8, 2000. Clearly there is a total failure to produce documents on the part of the other two responding parties. The order with respect to the production of documents remains in effect for the responding parties, and they will continue to be in breach of it until the documents are produced.
Since this involves a matter of Procedural rulings regarding document production, the Board declines at this time to initiate contempt proceedings. Since there has been at least partial compliance with the order by one responding party, and all three have filed responses, the option of striking pleadings and deciding the case on the basis of the application is not available, again at this time. However, continued failure to comply with the Board’s production order will, at the very least, affect the manner in which the case is presented. The Board is very unlikely to permit any responding party to file as an exhibit any document not previously produced, nor to rely on facts which are dependent on or which could be corroborated by documents not previously produced. Indeed the Board is very likely to draw adverse inferences from the absence of documents on an evidentiary issue, even where the absence of such documents is the result of a ruling of the Board refusing to admit them.
The responding parties are once again directed to comply with the decision of the Board of December 15, 1999. This matter remains scheduled for hearing on September 18, 19, 20 & 26, 2000.
“David A. McKee”
for the Board