During a hearing for an unfair labour practice application, the respondent union sought production of notes that a complainant witness had used to refresh his memory prior to testifying.
The witness did not refer to the notes during his examination-in-chief.
The Board held that ordering production of such notes is a matter of discretion.
The Board declined to order production because the respondent failed to establish the factual basis for the exercise of discretion, such as the time elapsed between the witness referring to the notes and giving evidence, and because notes prepared for counsel are privileged.
