4458-98-ES Edilberto Sosa and Florinda Sosa, Applicants v. Guadalupe Bunag, Hanif Malik (Employment Standards Officer) and Ministry of Labour, Responding Parties.

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; February 15, 2000

[1]. The Board, in its decision in this matter dated October 6, 1999 directed the parties to prepare a schedule of the documents upon which they intended to rely at the continuation of the hearing in this matter and to provide the other parties with that schedule and a copy of the listed documents. Counsel for Guadalupe Bunag, by letter dated February 14, 2000 requests that the Board direct the applicants to produce the original of exhibit number 5 (a receipt book) for inspection by counsel for Ms. Bunag and for examination of it by a documents expert. Counsel submits that the request for production has been made of the applicants, but the applicants have neither responded to the request nor returned a telephone call made after the request.

[2]. The Board may direct a party to produce documents for inspection. Section 68 (19) of the Act does give the Board the power of an Employment Standards Officer under the Act. Section 63 (1) (b) of the Act authorizes an Officer to require the production of documents that may be relevant. Thus, the Board has the power to direct production of documents for inspection prior to the continuation of the hearing of the application. As the applicants introduced a copy of the document in respect of which production is sought as an exhibit at the first day of hearing in this matter, and as credibility is a major issue in this proceeding, I am satisfied that the original of exhibit number 5 must be produced to counsel for Ms. Bunag for inspection and for the purpose of having a documents expert examine it prior to the next scheduled hearing in this matter.

Disposition

[3]. The applicants are directed to produce the original of exhibit number 5 (the receipt book) to counsel for Ms. Bunag forthwith for inspection and for the purpose of examination by a documents expert. As the document was in the possession of the applicants at the time of the hearing, the applicants must provide counsel for Ms. Bunag with that document on or before February 23, 2000.

[4]. Should an expert’s report with respect to that document be prepared, counsel for Ms. Bunag is directed to provide the applicants with a copy of that expert’s report within two days of obtaining it.

[5]. If the document is not produced by the applicants by the date directed or should counsel for Ms. Bunag not provide the expert’s report, if any, by the date directed, the Board will receive further submissions from the parties as to how this matter is to proceed.

[6]. This panel of the Board remains seized with this matter.

“Harry Freedman”

for the Board