Kelsh v. Canadian Pacific Railway

Kelsh v. Canadian Pacific Railway

Applying the Rule 6 standard of 'arguable relevance', the Tribunal ordered disclosure of (1) arguably relevant management policy documents and related emails/memoranda regarding Track Occupancy Permits, Sub-Foreman requirements and Group 1 machine operators for January 1, 2005 to Aug 24, 2011 and non-privileged documents thereafter, and (2) all available Daily Rail Crew Time Sheets (DRCTS) for 2011-2015 for Eastern Region District 1 (including its current or former names) and the Toronto Division, because those documents are directly connected to the complainant's claim for lost overtime; the Tribunal declined to order disclosure of materials already provided (Jan/Nov Bulletins and Awards...

Citation
2015 CHRT 24
Parties
Complainant: Ken Kelsh; Commission: Canadian Human Rights Commission; Respondent: Canadian Pacific Railway
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
31 December 2015
Procedural Posture
Human Rights Employment Discrimination Complaint (disability, Retaliation, Systemic Discrimination) / Interim Ruling on Pre Hearing Disclosure (pre Hearing; Hearing Scheduled January 11 22, 2016)
Outcome
Interim ruling granting in part the complainant's disclosure requests and imposing a confidentiality order for disclosed personal information
Legal Topics
Disclosure of Documents, Reasonable Accommodation, Discrimination on Basis of Disability, Retaliation, Systemic Discrimination, Confidentiality Orders, Witness Attendance and Service, Disclosure Standard (arguable Relevance)
Source Language
English
Human Rights Law Employment/labour Law Administrative Law Privacy Law (pipeda) Disclosure of Documents Reasonable Accommodation Discrimination on Basis of Disability Retaliation +4 more

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Parties

Ken Kelsh

Complainant

Canadian Human Rights Commission

Commission

Canadian Pacific Railway

Respondent

Procedural Posture

Human Rights Employment Discrimination Complaint (disability, Retaliation, Systemic Discrimination) / Interim Ruling on Pre Hearing Disclosure (pre Hearing; Hearing Scheduled January 11 22, 2016)

Legal Issues

  1. 1 Whether respondent must disclose management policy documents re: Track Occupancy Permits, Sub-Foreman requirements and Group 1 machine operators (2005-2011, post-2011 non-privileged)
  2. 2 Whether respondent must produce bid sheets/bulletins and awards (scope and temporal limits)
  3. 3 Whether respondent must produce Daily Rail Crew Time Sheets (DRCTS) for Eastern Region District 1 and Toronto Division for 2011-2015

Ratio Decidendi

Applying the Rule 6 standard of 'arguable relevance', the Tribunal ordered disclosure of (1) arguably relevant management policy documents and related emails/memoranda regarding Track Occupancy Permits, Sub-Foreman requirements and Group 1 machine operators for January 1, 2005 to Aug 24, 2011 and non-privileged documents thereafter, and (2) all available Daily Rail Crew Time Sheets (DRCTS) for 2011-2015 for Eastern Region District 1 (including its current or former names) and the Toronto Division, because those documents are directly connected to the complainant's claim for lost overtime; the Tribunal declined to order disclosure of materials already provided (Jan/Nov Bulletins and Awards...

Court Disposition

Interim ruling granting in part the complainant's disclosure requests and imposing a confidentiality order for disclosed personal information

Orders

  • Respondent must disclose any arguably relevant management policy documents regarding Track Occupancy Permits, Sub-Foreman requirements or capabilities of Group 1 machine operators, including relevant emails/memoranda, particularly for Jan 1, 2005 to Aug 24, 2011, and, for Aug 25, 2011 to date, any such...
  • Respondent must disclose all Daily Rail Crew Time Sheets (DRCTS) it has for Jan 1, 2011 to Dec 31, 2015 for Eastern Region District 1 (including any former or current names including 'Algoma') and for the Toronto Division, for each rail crew, showing name, position, regular and overtime hours; if respondent lacks...