Ontario Labour Relations Board
Applicant: Labourers’ International Union of North America, Ontario Provincial District Council and on behalf of its Affiliated Local Unions Responding Parties: Teperman Wrecking Inc. and Teperman and Sons (Canada) Limited and Teperman and Sons Inc.
Before: Harry Freedman, Vice-Chair.
Appearances: Carolyn Hart and Nelson Melo for the applicant; Michael G. Sherrard and Sean Teperman for Teperman Wrecking Inc.; Steven Teperman for Teperman and Sons Inc. and Teperman and Sons (Canada) Limited.
Decision of the Board; August 16, 2000
1During the testimony of Grant Giffin on Monday August 14, a witness called by the applicant, reference had been made to a spreadsheet that Colin Gordon, general manager of Giffin Contractors, had prepared to evaluate the bids Giffin Contractors had received from demolition contractors to perform work at the Oakville Ford project. Mr. Giffin had indicated that he would have his office try to locate the document. At the resumption of the hearing on Tuesday morning, August 15, after hearing from counsel and Mr. Giffin, the Board outlined the parties’ and Mr. Giffin’s agreement with respect to that document as follows:
During discussions between counsel about the production by Grant Giffin of the 1998 spreadsheet used by Giffin Contractors in assessing bids submitted by demolition contractors for the Oakville Ford project, Mr. Giffin suggested that the spreadsheet, if it still exists, would be in the possession of his company’s litigation counsel, Goodman and Carr, as Mr. Giffin’s office was unable to find it. It was suggested that that document may have been produced in the civil litigation involving Giffin Contractors and the responding parties as part of an affidavit of documents.
I indicated that in such a case, Sean Teperman may have a copy of it. Counsel for Teperman Wrecking Inc. expressed concern about the Rules of Civil Procedure (Rule 30.1.01(3)) prohibiting the use of documents produced in a civil proceeding for any collateral purpose unrelated to the purpose of the proceeding in which the document was produced.
Grant Giffin, as a principal of Giffin Contractors, advised that as that civil litigation was settled, he was expressly consenting to have that spreadsheet produced in this proceeding should a copy of it be in the possession of Mr. Teperman as a result of the civil action. In the event Mr. Teperman is unable to locate it, Mr. Giffin undertook to ask Goodman and Carr to search for it, and if located by them, to produce it to counsel for the applicant.
"Harry Freedman"
for the Board