This information sheet gives you information you need to apply for a non-party to give you documents.
Parties must share documents relating to the complaint.
You might think someone else has a document that could help your case.
This information sheet tells you:
If you think someone else has a document that could help your case, take these steps:
1. Ask the other side (party)
Ask the party if they have control over the document and will get it for you.
A party has control over a document if they can get it by:
- asking for it
- consenting to the person who has it to give them a copy
2. Apply to the Tribunal
If the other party doesn’t get you the document, you can apply to the Tribunal.
If they refuse to get it for you, apply for an order that the party get you the document.
Apply for an order for the non-party to give you the document in two situations:
If you apply for an order for a non-party to give you the document:
3. Send the non-party a copy of the order
If the Tribunal orders the non-party to give you the document, send the non-party a copy of the order right away. Make sure the order includes a notice telling the non-party that they can object within 14 days from the date the Tribunal made the order.
Keep a record about how and when you sent the non-party the order.
You must try to get the documents from the other side first. See steps 1 & 2 above.
When you apply you must show:
You must explain how the document might help you:
A complainant says their employer fired them due to race. The employer says they restructured the business. They say this is why they ended the complainant’s employment.
The complainant asks the employer to give them documents about the restructuring. The complainant wants to show that this was not the real reason for the termination.
A complainant claims 1-year wage loss as a remedy. The respondent says the complainant should have got a job earlier.
The respondent asks the complainant to given them documents about their job search. The respondent wants to show that the complainant’s job search wasn’t good enough.
Parties do not need to share certain kinds of documents. The legal term is “privileged” documents. The Tribunal cannot consider these kinds of documents even if they help your case.
A letter from a lawyer giving legal advice. The legal term is “solicitor-client privilege”.
The main purpose for making information is the complaint. The legal term is “litigation privilege”.
The purpose for making the information is settling the complaint. The legal term is “settlement privilege.”
Generally, a party who doesn’t want to share a document must show four things:
Examples of protected relationships
- Doctor and patient
- Priest and penitent
- Grievor and union representative
You must show that giving you the documents will help get to a “just and timely resolution” of the complaint.
The Tribunal will consider the effect on the process and the outcome.
Usually, getting a relevant document will help you prove your case.
But, in some cases, giving you the documents might affect the process.
The Tribunal may consider things like:
Documents parties share are confidential.
A party can only use a document from the other side for the complaint process. See rule 23.1 of the Tribunal’s Rules of Practice and Procedure.
You might want more protection for your privacy if you have to share a sensitive document.
You can ask the Tribunal to make an order to protect privacy.
The party getting the document must:
- keep the document confidential
- only share the document with specific persons
- tell those persons the document is confidential
- make no copies of the document
- return or destroy the copy at a specific time