As proceedings make their way through the Licence Appeal Tribunal (“the Tribunal”), many have wondered what the appropriate process is for obtaining third party production orders. Fortunately, in 17-007777 v Aviva General Insurance Company, 2018 CanLII 115664 (ON LAT), Member, Ian Maedel provided a helpful outline of this process.
In this case, the respondent brought a motion for production of employment and education records from various third parties. In granting the motion, the Tribunal noted that the productions were relevant to a determination of the issues in dispute and that the parties would be prejudiced if they were forced to proceed to a hearing without the benefit of these documents. Although the Tribunal’s Common Rules of Practice and Procedure were silent to third party production requests, the Statutory Powers Procedure Act, RSO 1990 c S.22 empowered the Tribunal to require a third party to produce documentation via a summons. By establishing relevance and providing a description of the anticipated evidence of the employers and educational institutions, the respondent was entitled to a summons.
In requesting a third party production order from the Tribunal, a party should consider whether the documentation is relevant to a determination of the issues in dispute. Would the party be prejudiced if forced to proceed to a hearing without the benefit of this documentation? If so, the party can bring a motion to the Tribunal seeking a summons. The motion should be brought as early as possible in the proceeding in order to ensure that such documentation is available for use at a hearing. The motion record should contain the information necessary for the Tribunal to issue a summons, including the contact information of the individual with control of the documentation, a list of the documentation requested, and the individual’s relationship to the case.