Ontario Labour Relations Board
3585-00-R International Union of Painters and Allied Trades, Local 200 and the Ontario Council of the International Union of Painters and Allied Trades, Applicant v. S & S Glass & Aluminum (1993) Ltd., Paul Skov carrying on business as S & S Glass & Renovators and S & S Glass (2000) Inc., Responding Parties.
3866-00-R Dave Skov, Applicant v. International Union of Painters & Allied Trades Local 200 and the Ontario Council of the International Union of Painters and Allied Trades, Responding Parties v. S & S Glass (2000) Inc. and Paul Skov c.o.b. as S & S Glass & Renovators, Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; August 9, 2001
The Board is in receipt of correspondence from counsel for the applicant which suggests that both counsel have become unhelpfully focussed on process and procedure. If the facts alleged in that correspondence is correct, the responding party is in breach of two directions of the Board. It is impossible to be definitive about this, as the responding party has not bothered to communicate to the Board as directed in the August 1, 2001 decision.
The responding party is directed within one business day of the date of this decision to make legible and complete photocopies of all the documents which the Board ordered it to produce in the decision of July 10, 2001, and to deliver same to the offices of the counsel for the applicant during business hours. The applicant is directed to pay to the responding party the sum of $0.25 per page of photocopying, but nothing in respect of any delivery charge, within five business days of receipt of the photocopies. The responding party is directed to advise the Board by a letter sent by facsimile copier when the process of delivery has been completed.
If there are additional documents which the applicant believes are in existence, counsel for the applicant shall advise counsel for the responding party of what documents or types of documents they are and request their production. Any such request shall be made on or before August 28, 2001. If the responding party does not object to the production of these documents, it shall deliver to the offices of counsel for the applicant, complete and legible photocopies of the documents within two working days of receipt of the request, on the same terms as set out above.
If the responding party objects to the production of such documents, it shall advise the Board, and copy the applicant, within two working days of receipt of the applicant’s request, of (a) the nature of the documents requested and (b) the reasons for objecting to produce them. The applicant shall respond within two business days of receipt of the letter from the responding party with its submissions as to why the documents should be produced. The responding party shall have one business day to file any reply. All submissions are to be delivered by facsimile copier.
If counsel for the applicant has any difficulty reading the photocopies supplied, the Board’s knowledge of Ottawa does not suggest that a trip from 30 Metcalfe Street to 45 O’Connor Street is an excessive burden, even in the heat of August. If counsel so requests, the applicant shall be given access to the original documents for the purposes of examination, at the offices of counsel to the responding party during normal business hours, or as otherwise agreed, on one day’s notice to the offices of counsel to the responding party.
While there may be circumstances which the Board has not been able to imagine in drafting this direction, the Board directs counsel to direct their ingenuity to resolving problems rather than creating them. The Board does not expect to have to issue another decision similar to this one.
“David A. McKee”
for the Board