Communications, Energy and paperworkers union of Canada v. Bell Canada

Communications, Energy and paperworkers union of Canada v. Bell Canada

The Tribunal held that the documents specified are arguably relevant and ordered Bell to prepare a list of documents relating to the Joint Study located in the filing cabinets at 1000 De la Gauchetière, Montreal, to include specified JEWC and specified individuals' communications if found there, and to produce copies requested by the Commission and CEP; the search limited to the identified location is not unduly burdensome, objections to production or admissibility remain open, and claims of estoppel or waiver were premature.

Citation
2003 CHRT 1
Parties
Complainant: Communications, Energy and Paperworkers Union of Canada; Complainant: Femmes-Action; Commission: Canadian Human Rights Commission; Respondent: Bell Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 January 2003
Procedural Posture
Human Rights Complaint / Disclosure Motion During Merits Hearing
Outcome
Motions granted
Legal Topics
Disclosure, Production of Documents, Relevance, Undue Burden, Waiver and Estoppel
Source Language
English
Human Rights Law Administrative Law Procedural Law Employment Law Disclosure Production of Documents Relevance Undue Burden +1 more

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Parties

Communications, Energy and Paperworkers Union of Canada

Complainant

Femmes-Action

Complainant

Canadian Human Rights Commission

Commission

Bell Canada

Respondent

Procedural Posture

Human Rights Complaint / Disclosure Motion During Merits Hearing

Legal Issues

  1. 1 Whether the documents requested are arguably relevant and thus subject to disclosure
  2. 2 Whether the scope and location of the requested search are unduly burdensome
  3. 3 Whether the applicants are estopped or have waived further disclosure by earlier representations about relying on 74 documents

Ratio Decidendi

The Tribunal held that the documents specified are arguably relevant and ordered Bell to prepare a list of documents relating to the Joint Study located in the filing cabinets at 1000 De la Gauchetière, Montreal, to include specified JEWC and specified individuals' communications if found there, and to produce copies requested by the Commission and CEP; the search limited to the identified location is not unduly burdensome, objections to production or admissibility remain open, and claims of estoppel or waiver were premature.

Court Disposition

Motions granted

Orders

  • Bell shall prepare, in a timely manner using all reasonable efforts, a list of all documents relating to the Joint Study found in the filing cabinets at 1000 De la Gauchetière, Montreal
  • The list shall include any documentation relating to the JEWC job evaluation process and any hard copies of electronic communications, correspondence or documentation for 1991-1993 prepared by Michèle Boyer, André Beaudet, Matina Bisbicos or Louise Belle-Isle