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Third Party Production Orders at the Licence Appeal Tribunal

2 minute read

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.

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Danielle M. Gauvreau

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