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Proactive Disclosure
Hopwood-Jones v. Deputy Head (Department of Transport)
Full Text
2010 PSLRB 45
Before:
Marie-Josée Bédard
Decision Rendered:
March 29, 2010
Original Language:
English
Subject terms:
Termination (disciplinary) – Natural justice – Right to a fair hearing – Disclosure of documents prior to the hearing – Relevance to the merits of the grievance – Whether documents necessary to the efficient preparation of a party – Admissions – Whether documents contain “injurious information” or “potentially injurious information” as defined in section 38 of the Canada Evidence Act, S.R.C., 1985, c. C‑5 – Jurisdiction
Application for disclosure of documents prior to the hearing – the deputy head agreed to disclose some of the documents sought, while objecting to the disclosure of others – the adjudicator found that some of the documents requested by the grievor were allegedly relevant to the merits of her grievance – some documents ordered disclosed prior to the hearing – the adjudicator found that she had no jurisdiction to decide whether documents contain “injurious information” or “potentially injurious information” as defined in section 38 of the Canada Evidence Act.
Application allowed, in part.
