Case Report – Arbitrator makes protective order governing production of sensitive docs

On May 14th, Professor Etherington imposed the following protective terms to govern the production of clinical research protocol in a labour arbitration:

  • The copies of documents produced under paragraph 1 should be redacted only to the extent required to prevent the unnecessary disclosure of personal health information. Normally such prevention should only require the redaction of the names of patients involved in clinical trials. Redaction for any other purpose should only be done with the consent of opposing counsel or the approval of the arbitrator.
  • The production of the documents should be to the Union’s legal counsel only.
  • Union counsel may disclose the documents to a potential witness (including the grievor), to the Union’s advisor and to members of counsel’s law firm, only as necessary for preparation for the hearing and with appropriate redactions of information that does not pertain to a potential witness.
  • Counsel and the Union, and all other participants in this proceeding, shall not use or disclose the produced documents or information therein for any purpose other than this proceeding.
  • Following the final disposition of this matter, the documents/materials shall be returned to the Employer. Union counsel shall shred any working copies made and confirm this to the Employer.

University of Western Ontario v. University of Western Ontario Staff Assn. (Ansari Grievance), [2010] O.L.A.A. No. 262 (Etherington) (QL).

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