Ontario Labour Relations Board
Between:
Paul Brunet, Applicant v. Industrial Wood and Allied Workers of Canada Local 2693 and Domtar Inc. Domtar Forest Products, Responding Parties.
Before: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD
1By letter dated February 2, 2000, counsel for the applicant requests that the Board determine whether it can depose an Affidavit for an important witness, or in the alternative, advise how it can assure the attendance of the witness.
2The Board does not generally accept Affidavits. The Board has consistently held that natural justice demands that witnesses be made available so that they can be subject to cross-examination by parties opposite, and so that the Board can make determinations about their credibility from their demeanor. Although the Board does not necessarily hear formal viva voce evidence in a consultation, it sometimes does, and all counsel should be prepared.
3To assure the presence of a witness, counsel should serve a Summons to Witness, with reasonable notice, and provide the appropriate conduct money and travel expenses. For the convenience of counsel for the applicant I have enclosed a Summons to Witness, both French and English versions; Summons to Witness can be obtained by calling the Board.
"Mary Ellen Cummings"
for the Board