United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Promac Drywall Ltd., 2001 CanLII 9754

United Brotherhood of Carpenters and Joiners of America, Local 2041 v. Promac Drywall Ltd.

1299-02-R United Brotherhood of Carpenters and Joiners of America, Local 2041, Applicant v. Promac Drywall Ltd., CGC Interiors Finishing Ltd. and Guy Chouinard c.o.b. as CGC Interiors Finishing, Responding Parties.

BEFORE: Laura Trachuk, Vice-Chair.

DECISION OF THE BOARD; December 23, 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 December 20, 2002 the applicant asks the Board to direct the responding parties to produce documents and “particulars”.

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 December 20, 2002 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, if the responding parties were to provide the information requested, it certainly might be of assistance in expediting the matter.

3Having regard to the request of the applicant, the Board directs the responding parties to produce or to make the following documents available for inspection by the applicant (if they exist) on or before January 13, 2003:

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 between them and all agreements, contracts, subcontracts, leases or guarantees entered into by them in that respect.

3. all documents in respect of property owned, leased or occupied by the responding parties;

4. all documents relating to the assets and equipment, leased or owned by the responding arties;

5. all documents in respect of all work performed by the responding parties from their respective dates of incorporation;

6. documents regarding all positions held and work performed by Paul-Yvon Chouinard, Guy Chouinard, Denyse Chouinard, Anthony Chouinard, Maurice Mathieu, Suzanne Mathieu, Jessie Mathieu, Yvon Duguay, Jaroslav Giesbracht, Rejean Oullett, Denis Boulay, and Ghislain Nadeau for any of the responding parties;

7. documents in respect of all construction work, including acoustic and drywall work, at the Long Term Health Care Facility project on Abbots Street in Stittsville (Ottawa), Ontario;

8. documents relating to employees of any of the responding parties from their respective dates of incorporation (or registration) to present, including but not limited to payroll records;

9. copies of all business cards used by all agents, directors, officers and employees of the responding parties.

10. As noted above, the responding parties must produce the above documents or, if they prefer they may arrange to have the documents inspected by a representative of the applicant at their places of business. If the applicant requires copies after reviewing the documents it must reimburse the responding parties.

11. All 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