Ontario Labour Relations Board

2521-00-ES David Blake, Applicant v. Peter Charles Ansley Holdings Limited and Ministry of Labour, Responding Party.

Employment Practices Branch File No. 60007339

BEFORE: Brian McLean, Vice-Chair.

DECISION OF THE BOARD; August 15, 2001

[1]. The Board is in receipt of a letter from Carol Blake dated July 20, 2001. That letter states as follows:

In response to your letter requesting certain documents to be forward over, I CANNOT PRODUCE THEM!!! In our meeting in Windsor with Brian McLean I specifically told him that my lawyer WILL NOT GIVE THEM TO ME!!!! It was discussed at this meeting that this mailer will be suspended until my matters were finished with. What right do you have to stage a meeting without the presence of my husband and I to over turn this matter. I said I would try to produce them when my matters were done. Also as a side note in regards to your last letter, which I might add that neither my husband or I could understand most of it, do yous get off telling me I don't understand the relationship between my lawyer and I. My lawyer is the only one that is helping me get true justice in this matter. He has his reasons for not giving them to me and you are just going to have to accept this. Producing these documents is not a problem for me because Peter Ansley and his lawyer will still not know where his money went to but that the MasterCard Statements show $2000-$3000 of Cash Advances almost every month. The biggest secret everyone wants to know of what I did with that money will just have to wait until court. Only my lawyer and I know what I did what it did because of what was being done to me sexually at work between Peter Ansley and Terry LaFramboise. It will all make sense in September.

I would also like to note about your letter stating, "Ms. Blake appeared to object to producing certain documents". My comment on that is this, "Brain McLean asked me to promise to produce these documents when my matters were dealt with. I told him that I was not going to promise anything. Your choice of words is unacceptable to me

Carol Blake

[2]. A hearing was scheduled in this matter for April 11, 2001. The parties agreed to adjourn that hearing. However, the employer sought the production of certain documents by a non party, Carol Blake, who is the spouse of the responding party. Ms Blake was in attendance and objected to the production at that time because, in her view, the documents were in the possession of her counsel and he would not give them to her. At that time the Board did not rule on the issue because it was apparent that there was an objection to production but it was not being articulated well.

[3]. By decision dated April 23, 2001 the Board directed the parties to file submissions with respect to the document production issue.

[4]. It appears that Ms Blake may not have received a copy of the Board’s April 23, 2001 decision.

[5]. Accordingly, the Board’s decision dated July 13, 2000 is rescinded.

[6]. Ms Blake shall have 30 days from the date of this decision to file further submissions, if any, regarding the production issue.

[7]. The applicant is directed to deliver a copy of this decision to Ms Blake.

“Brian McLean”

for the Board