Plaintiff, Gordon Jarvis, sued for wrongful dismissal; Defendant, Toronto-Dominion Bank, claimed dismissal for cause based on complaints about plaintiff's conduct.
Plaintiff requested unredacted complaints and investigation reports referenced in the defense's pleadings.
Defendant provided redacted documents to protect complainants' identities.
Legal Findings:
Relevance of Unredacted Documents:
Documents referenced in pleadings must be disclosed in full (Rath v Tanzanian Gold, McGee v London Life Insurance).
Redactions are impermissible unless preventing considerable harm and serving no legitimate purpose in resolving the case.
Onus on Defendant:
Defendant failed to prove that redactions were irrelevant and harmful, nor did it provide unredacted documents for court review.
Qualified Privilege Against Disclosure:
Confidentiality expectations do not override the need for disclosure in legal proceedings.
Disclosure is necessary for the plaintiff to contest allegations fairly.
Public Interest and Fairness:
The public interest in justice outweighs potential harm from disclosing identities.
PIPEDA does not prevent necessary court-ordered disclosure.
Conclusion:
Defendant must produce unredacted complaints and investigation reports.
The issue of costs to be resolved by August 9, 2024, or assumed settled.
