What is the test for disclosure of third party records at an arbitration hearing?
Ontario, Canada
The following excerpt is from Krull v. The Ontario Provincial Police, 2021 ONCPC 9 (CanLII):
The Hearing Officer also reviewed and applied the four-part test for disclosure as set out in West Park Hospital v. Ontario v. Ontario Nurses’ Association, [1993] O.L.A.A. No. 12, a labour arbitration decision. After noting that it addressed pre-trial disclosure of third-party records, the Hearing Officer found the assessment “fitting” writing: First, the information must be arguably relevant. Second, the requested information must be particularized so there is no dispute as to what is desired. Third, the [Adjudicator] should be satisfied that the information is not being requested as a “fishing expedition”. Fourth, there must be a clear nexus between the information being sought and the positions in dispute at the hearing.
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