Personal information may be disclosed during different parts of the complaint process:
You may apply to the Tribunal to limit disclosure of personal or other information using a General Application.
For the Tribunal to limit publication or disclosure, you must show:
A person’s privacy interests (or other interest) outweigh the public interest in access to the Tribunal’s proceedings.
Information to include in application
For example, potential damage to reputation where no facts have yet been proven, and where the allegations could have a serious and lasting effect on a party’s reputation (especially where the party’s job involves a position of trust)
For example, excluding the public from a hearing limits public access much more than keeping limited information or evidence private
For example, the public may have less interest in knowing the identity of the parties at an early stage of the process or if a complaint is not accepted for filing or is dismissed without a hearing
When a complaint is on the hearing list, the public may access the following parts of the complaint file (except the participants’ contact information): complaint form, response to complaint form, amendment forms, Tribunal notices regarding the hearing, and preliminary decisions.
If the parties are involved in settlement discussions after a hearing is scheduled, you may notify the case manager, by phone or in writing, to request that the Tribunal delay adding the complaint to the hearing list for this reason.
If you do not want information published on the hearing list for any other reason, or if you want to limit public access to the complaint file when a complaint is on the hearing list, you must apply to limit disclosure of personal information. What you need to show and the information you need to provide in an application is set out above.
What you must show to exclude the public from a hearing
For the Tribunal to exclude the public from a hearing, you must show:
The interest advanced by excluding the public outweighs the public interest in access to the hearing or part of the hearing.
Note: The public interest in access to Tribunal hearings is strong. You must say whether you want the public excluded from the entire hearing or whether you want only certain evidence to be heard in private.