Court File and Parties
File No.: 0108-01-OH Date: October 15, 2001
John David Quigley, Applicant v. Metro Toronto Housing Corporation, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
APPEARANCES: Brent Raby for the applicant; Donald B. Jarvis, Veronica Bury, Rick Girard and Aileen Edwards for the responding party.
DECISION OF THE BOARD
1This is an application filed under section 50 of the Occupational Health and Safety Act, R.S.O. 1990, c.O-1 as amended (the “Act”). The case deals with the discipline and suspension of the applicant. The applicant contends that the he was terminated as a reprisal for seeking to enforce his rights under the Act.
2This decision deals with a matter that arose during the hearing in respect of a question asked of an employer witness, Mr. Rick Girard, during cross-examination. One of the factual issues in this case is that the applicant had his driver’s licence suspended. That fact is not in dispute. Mr Girard testified that he learned of the suspension from a confidential source. Applicant counsel requests the name of that source. Counsel for the employer objects to providing that information on the basis that it is either not relevant to the litigation or on the basis that it is privileged information. Applicant’s counsel contends that this issue arose in direct examination and it should be entitled to cross-examine on it. He suggests that he should be allowed to test whether other information might have been imparted from the source.
3The fact that the applicant lost his licence for a period of time is not in dispute. Although I cannot see how this information is privileged, I accept that for the purpose of the issue in dispute in this litigation – whether the applicant was dealt with as a reprisal for advancing health and safety concerns – the name of the source is of remote, if any, value. Although there is considerable leeway in cross-examination, it is not a fishing expedition. I do not consider it relevant to the present inquiry.
4This matter is scheduled to continue on November 2, 9 and 20, 2001, commencing each day at 9:30 a.m., in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
“Marilyn Silverman”
for the Board