Robert Stewart

The insurer brought a preliminary motion arguing that the applicant was barred from proceeding to arbitration because he failed to cooperate with a disability DAC assessment, contrary to s. 64(9) of the Statutory Accident Benefits Schedule.

The insurer alleged the applicant refused to sign a consent form or provide medical records.

The arbitrator preferred the applicant's evidence that he answered all questions and had previously signed authorizations for the insurer to obtain his medical records.

The arbitrator found the applicant complied with his obligations and dismissed the insurer's motion, allowing the arbitration to proceed.

The union applied for interim relief under section 98 of the Labour Relations Act, 1995, seeking an order that the responding parties produce financial and lease information necessary for collective bargaining.

The responding parties objected to producing lease agreements, citing confidentiality and competitive sensitivity.

The Board found an arguable case on the merits and that the balance of harm favoured granting the order.

The Board directed the responding parties to produce the requested information, subject to confidentiality restrictions, to facilitate bargaining for a second collective agreement.