This information sheet gives you information you need to apply for a party to give you documents.
Parties must give each other copies of documents relating to the complaint. The legal term is “disclose documents”. See information about disclosing documents.
Parties must share documents that they have or that they could get.
You can ask another participant to give you a copy of:
If they don’t, you can apply to the Tribunal.
This information sheet tells you:
You must ask the other party to give you the documents. Only apply if they refuse.
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