Bushey v. Sharma

Bushey v. Sharma

The Tribunal ordered disclosure of the minutes of settlement because they are arguably relevant to the determination of damages against the Respondent (potential double recovery or set-off given possible joint/vicarious liability under s.65) and the settlement document is not protected by a privilege that prevents disclosure when its terms are directly in issue; disclosure is ordered subject to strict confidentiality conditions.

Citation
2003 CHRT 5
Parties
Complainant: Connie Bushey; Commission: Canadian Human Rights Commission; Respondent: Arvind Sharma
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 February 2003
Procedural Posture
Canadian Human Rights Act Complaint Disclosure Dispute / Ruling on Disclosure During Merits Hearing (pre Trial / Evidence Disclosure)
Outcome
Commission and Complainant ordered to disclose the minutes of settlement with PSAC and UPCE to the Respondent by February 13, 2003, with confidentiality restrictions
Legal Topics
Disclosure, Settlement Confidentiality, Privilege, Vicarious Liability, Remedies Pain and Suffering, Tribunal Procedure
Source Language
English
Human Rights Law Administrative Law Evidence Labour Law Disclosure Settlement Confidentiality Privilege Vicarious Liability +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Connie Bushey

Complainant

Canadian Human Rights Commission

Commission

Arvind Sharma

Respondent

Procedural Posture

Canadian Human Rights Act Complaint Disclosure Dispute / Ruling on Disclosure During Merits Hearing (pre Trial / Evidence Disclosure)

Legal Issues

  1. 1 Whether minutes of settlement with third-party unions are relevant to the complaint against the Respondent
  2. 2 Whether the minutes of settlement are privileged and thus exempt from disclosure
  3. 3 Whether settlement amounts are discoverable to prevent double recovery or for set-off under joint/vicarious liability principles

Ratio Decidendi

The Tribunal ordered disclosure of the minutes of settlement because they are arguably relevant to the determination of damages against the Respondent (potential double recovery or set-off given possible joint/vicarious liability under s.65) and the settlement document is not protected by a privilege that prevents disclosure when its terms are directly in issue; disclosure is ordered subject to strict confidentiality conditions.

Court Disposition

Commission and Complainant ordered to disclose the minutes of settlement with PSAC and UPCE to the Respondent by February 13, 2003, with confidentiality restrictions

Orders

  • Commission and Complainant shall provide copies of the minutes of settlement to the Respondent by 4:00 PM on February 13, 2003 in accordance with Rule 6(3) of the Tribunal's Interim Rules of Procedure
  • Respondent may consult the document only for purposes of the hearing