United Brotherhood of Carpenters and Joiners of America, Local 494 v. Dor-Co Sales & Service Ltd., 2001 CanLII 15343

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Dor-Co Sales & Service Ltd. and Anchor Doors & Service Inc.

1702-01-R United Brotherhood of Carpenters and Joiners of America, Local 494, Applicant v. Dor-Co Sales & Service Ltd. and Anchor Doors & Service Inc., Responding Parties.

BEFORE: Laura Trachuk, Vice-Chair.

DECISION OF THE BOARD; October 29, 2001

1This is an application under section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”) for declaratory and other relief. By way of correspondence dated October 16, 2001, the applicant asks the Board to direct the responding party to produce documents and “particulars”. Dor-Co Sales & Service Ltd. has responded to the request and asks the Board to include a requirement that all documents and particulars be kept confidential if they are ordered. Anchor Doors & Service Inc. has responded that it is prepared to make most of the documents requested available for inspection at their premises.

2Although the applicant has asked for documents and particulars it appears that it has really asked for documents and information. There is a difference between directing particulars of allegations contained in pleadings and directing a party to provide information. There is no obligation on the responding parties to provide the information asked of them by counsel for the applicant in his letter of October 16, 2001 prior to the hearing of this matter. The obligation on responding parties imposed by sections 1(5) and 69(13) of the Act are to adduce at the hearing the facts within their knowledge relevant to the issues described in those sections. However, Anchor Doors & Service Inc. has indicated its agreement to provide certain information requested which will certainly be of assistance in expediting the matter.

3Having regard to the request of the applicant, and the submissions filed by the responding parties, the Board directs the responding parties to make the following documents available for inspection by the applicant (if they exist) on or before November 14, 2001:

1. All documents pertaining to the corporate and business structure of the responding parties including, but not limited to, all Corporate Minutes, By-Laws, Articles of Incorporation, Articles of Amendment, Articles of Revival, Director’s Resolutions, Shareholder’s Resolutions, Shareholder’s Agreements, Director’s Registers, Shareholder’s Registers, Officer’s Registers, Share Transfer Registers, Share Certificates, filings with the Ministry of Consumer and Commercial Relations or any other documents, agreements or notes reflecting agreements between any of the shareholders, officers or directors of the two responding parties;

2. All documents pertaining to any commercial transactions between the responding parties including but not limited to all agreements, purchase orders, contracts, subcontracts, leases, securities, and guarantees.

3. A copy of the signed non-competition agreement among Andre Gadoury, Laura Jendroski and Michael Cousineu, together with any other documents originally attached to the agreement;

4. All leases or ownership documents in respect of all property of any type whatsoever owned, leased or occupied by the responding parties;

5. All documents in respect of customers and clients of the responding parties including, suppliers invoices and payment advice from September 19, 1998 to the present;

6. All documents in respect of all work performed by the responding parties from September 1998 to the present;

7. All employment contracts and payroll records relating to employees (not the owners) of the responding parties from their respective dates of incorporation to present;

8. A copy of the business cards used by all agents, directors, officers, and employees of each responding party.

4As noted above, the responding parties must produce the above documents for inspection by someone designated by the applicant. The parties may arrange to have the documents inspected at the responding parties’ places of business. If the applicant requires copies after reviewing the documents it must reimburse the responding parties.

5All documents produced pursuant to the above order are to be kept confidential and are to be used for the purposes of the hearing of this application and no other. Any information provided by the responding parties is also to be kept confidential and is to be used only for the purposes of the hearing of this application and no other.

“Laura Trachuk”

for the Board