1715-99-U International Union of Bricklayers and Allied Craftworkers, Local 6; Luciano Mascarin and Michel Gagliano, Applicants v. Ontario Bricklayers and Allied Craftsmen Organizing Trust Fund, The Brick and Allied Craft Union of Canada and Brian Strickland, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; July 18, 2000
By letter dated July 14, 2000 the applicant seeks pre-hearing production of certain documents. Although referenced in its letter, the written response from counsel for the responding parties was not enclosed in the applicant’s request.
The responding parties have asserted that the application does not make out a prima facie case for the remedy requested. It appears that the responding parties intend to bring that motion at the commencement of the hearing and are, in the meantime, unwilling to produce any documents that may speak to the merits of the application. The hearing is scheduled for July 20, 2000.
On a review of the application and the documents requested to be produced, it is apparent that they are arguably relevant to the allegations made by the applicant. At this stage I am not prepared to make an order for the pre-hearing production of the documents. However the responding parties are hereby directed to have the documentary material identified in the applicant’s letter dated July 14, 2000 present at the hearing on July 20, 2000. The panel seized with hearing the application is in the best position to determine the appropriate course of action at that time.
This panel is not seized.
“M. A. Nairn”
for the Board